Mr. Carl W. S. Chun | Director | |
Mr. W. E. Schnupp | Analyst |
Mr. Walter T. Morrison | Chairperson | |
Mr. Arthur A. Omartian | Member | |
Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: That he turned down a Purple Heart in Italy during World War II. He says that he lost blood on the front lines in the push of Cassino. A doctor said he should have a Purple Heart but he was young and turned it down.
In support of his request, he submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation and a copy of his Honorable Discharge Certificate.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Information herein was derived from documents he submitted as well as from other sources.
His WD AGO Form 53-55 shows that he was inducted on 6 April 1943 and served as a construction worker in the European Theater of Operations from August 1943 to November 1945. He was honorably discharged at demobilization on 4 December 1945 in the grade of private first class.
His awards include the European-African-Middle Eastern Campaign Medal with 1 silver battle star, the Good Conduct Medal, the Meritorious Unit Commendation, the World War II Victory Medal and the World War II Honorable Service Lapel Button. The Purple Heart is not listed as an authorized award; nor, does block 34 (wounds received in action) of the form show that he was wounded during his service.
Information obtained from hospital admission cards created by The Office of the Surgeon General for the years 1944 and 1945, shows that the applicant was admitted to a medical treatment facility in August 1944 with a diagnosis of gastro-enteritis, in December 1944 with a diagnosis of acute pharyngitis and in June 1945 for diarrhea.
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. The evidence of record shows that the applicant was treated in Army medical treatment facilities on three occasions during his service. None of the treatments, however, were for combat related wounds.
2. In the absence of evidence showing that he was injured as a result of hostile action there are no grounds for this Board to award the Purple Heart.
3. Accidental injuries or illnesses even though they may occur in a combat zone, not directly attributable to an act of the enemy are not considered wounds received in action and do not entitle the individual to the Purple Heart.
4. 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
___wtm_ ____aao__ ____jtm _ DENY APPLICATION
CASE ID | AR2001054656 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20010731 |
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
DATE OF DISCHARGE | YYYYMMDD |
DISCHARGE AUTHORITY | AR . . . . . |
DISCHARGE REASON | |
BOARD DECISION | (DENY) |
REVIEW AUTHORITY | |
ISSUES 1. 107.00 | |
2. | |
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