APPLICANT REQUESTS: That he be awarded the Purple Heart for injuries sustained in World War II.
APPLICANT STATES: That his medical records indicate he received an ear injury due to a wave while swimming in Italy in 1943 which is incorrect. The record should show that the injury was the result of enemy bombing in September 1943, which he failed to correctly report; swimming only aggravated the injury.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed records.
He was inducted on 6 August 1942 and after training as a demolition specialist he served 2 years, 3 months and 26 days in the North African-European Theater of Operations. He was honorably discharged on 14 October 1945.
His medical records show that he was treated for ear problems on 1 and 14 October 1943, specifically, otitis media (inflammation of the middle ear), chronic, suppurative left-due to a blow by a wave while swimming in Sicily in September 1943. On 13 March 1944 his medical records reflect that he was again treated for otitis Media, suppurative, chronic, moderately severe, which he claimed was the result of exposure to bombs five months previously.
The applicant admits to not seeking medical treatment when his ears were initially damaged in September 1943. Consequently, the available records contain no independent determination of the source of his ear damage, other than the circumstances he himself provided.
In an advisory opinion (COPY ATTACHED) to this Board, the US Army Reserve Personnel Center recommended that the applicants request for the Purple Heart be denied.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. While the evidence of record shows that the applicant was treated for an injury to his ears, it does not show conclusively that the injury was the result of hostile action.
2. Based upon the available records, there is no evidence that he suffered a combat related injury that would qualify for award of the Purple Heart.
3. In view of the foregoing, there appears to be no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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