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Decision Text

ARMY | BCMR | CY1996 | 9607959C070209
Original file (9607959C070209.txt) Auto-classification: Approved
2.  The applicant requests correction of his records to reflect that he was awarded the Purple Heart for injuries suffered in World War II.

3.  He states that he was wounded in the left leg while in combat in Belgium in 1945 and believes that he should have been awarded the Purple Heart for his injury.

4.  His military records show that he was inducted on 5 May 1941 and served 1 year, 10 months and 21 days in the European Theater of Operations.  He was honorably discharged upon demobilization on 20 November 1945.

5.  His awards include the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the American Campaign Medal, the World War II Victory Medal and the Marksman Badge with rifle bar.

6.  The applicant’s WD AGO Form 53-55, Enlisted Record and Report of Separation, does not show that he incurred any wounds in action during his service.  However, his separation physical examination reflects that he suffered a gunshot wound to the left thigh from enemy civilians while in Belgium in 1945.  Upon his discharge he was also granted 10 percent disability compensation by the VA for the same injury.

7.  Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the 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.  However,  the regulation also specifies that it is not intended that such a strict interpretation of the requirement for the wound or injury to be caused by direct result of hostile action be taken that it would preclude the award being made to deserving personnel.



CONCLUSIONS:

1.  While the applicant’s WD AGO Form 53-55 does not show any wounds resulting from combat, his physical examination clearly describes a leg wound suffered at the hands of enemy civilian personnel.

2.  When considering the circumstances under which the wound was inflicted, it is reasonable to determine that he should have been awarded the Purple Heart for the injury.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Purple Heart for injuries sustained as a result of enemy action in Belgium in 1945.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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