| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Roger W. Able | Chairperson | |
| Mr. Allen L. Raub | Member | |
| Ms. Gail J. Wire | Member |
APPLICANT REQUESTS: That the records of her deceased spouse, a former service member (FSM), be corrected to show he was awarded the Purple Heart.
APPLICANT STATES: That the FSM sustained a gunshot wound while on active duty. A statement made by the FSM prior to his death is provided. The FSM stated that he was wounded four times, once seriously with a gunshot through the right lung.
COUNSEL CONTENDS: Counsel makes no additional contention.
EVIDENCE OF RECORD: The FSM’s military records are not available. The information contained herein was obtained from alternate sources.
The FSM was inducted into the Army on 24 October 1942 and entered active duty on 7 November 1942. He departed the Continental United States on 21 April 1943.
On 9 May 1943, the FSM was hospitalized due to a .45 caliber gunshot wound to the chest. Medical documents indicate he was “accidentally shot when brushed against gun.”
The FSM’s Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement, WD AGO Form 38, shows under item 11, significant diseases, wounds, and injuries, only a bullet wound to the chest received in May 1943.
The FSM was separated on 5 October 1945. He died on 27 March 2000.
Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.
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. The evidence of record confirms that the FSM received a gunshot wound to the chest but does not show that the wound was the result of enemy action. There is no evidence to show he was wounded any other time.
2. Regrettably, in view of the foregoing there is 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
__rwa___ __alr___ __gjw___ DENY APPLICATION
| CASE ID | AR2001052695 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010327 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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