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Decision Text

ARMY | BCMR | CY1996 | 9606780C070209
Original file (9606780C070209.txt) Auto-classification: Denied
APPLICANT REQUESTS:  That his record be corrected to reflect that he was awarded the Purple Heart for wounds received in World War II.

APPLICANT STATES:  That he was wounded as a result of enemy action on Luzon, Philippines on 13 April 1945.  In support of his request, he provides a copy of a telegram sent to his next of kin advising that he had been injured.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  The information herein was obtained from reconstructed records.

He was inducted on 13 June 1944 and served 1 year and 7 days in the Southwest Pacific Theater of Operations and Japan.  He was honorably discharged upon demobilization on 15 January 1946.

His awards include the Bronze Star Medal, the Good Conduct Medal, the Asiatic-Pacific Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal with Japan clasp, the Combat Infantryman Badge, and the Philippine Liberation Ribbon.  

The applicant’s WD AGO Form 53-55, Enlisted Record and Report of Separation, reflects the entry “none” in the block entitled wounds received in action.  The form does not show that he was awarded the Purple Heart.

The telegram advising the applicant’s next of kin that he had been injured states that he “was slightly injured on Luzon on 13 April 1945”.  It does not elaborate on the circumstances of the injury or imply that the injuries were the result of hostile action.

Army Regulation 600-8-22, Military Awards, 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, it is concluded:

1.  Based upon the available information, there is no evidence to show that the injuries he sustained were the result of hostile action or would otherwise qualify him for award of the Purple Heart.

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  In view of the foregoing, there appears to be no basis for granting the applicant’s 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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