| Mr. Carl W. S. Chun | Director | |
| Mr. Walter Avery, Jr. | 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 received wounds in action.
In support of his request, he submits a copy of a Western Union Telegram notifying his wife that he had been slightly injured in action in Italy on 27 April 1945.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 28 November 1942 and served as an infantryman in the Mediterranean Theatre of Operations from 15 July – 26 June 1945 and the European Theater of Operations from 29 June 1945 to 17 January 1946. He was assigned to Company A, 14th Armored Infantry Battalion, 1st Armored Division. He was honorably discharged at demobilization on 3 February 1946 in the grade of staff sergeant.
Awards reflected on his WD AGO Form 53-55, Enlisted Record and Report of Separation, include the Combat Infantryman Badge (CIB), the American Service Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the World War II Honorable Service Lapel Button. The Purple Heart is not shown in block 33 (decorations and citations) of WD AGO Form 53-55; nor, does block 34 (wounds received in action) show that he was wounded during his service.
A patient identification and administration form, Medical Department Form 52, shows that on 11 September 1944, the applicant was diagnosed with: “NBI. Wound, lacerated, left elbow, mild, accidentally incurred when two trucks sideswiped, about 1130 hours, 11 Sep 44, near Ponseco, Italy.”
A Medical Department Form 52 shows that on 27 April 1945, the applicant was diagnosed with: “contusion, moderate, left hip. 2. Contusion, moderate skull. A.I. when half track he was riding rolled off a soft shoulder at 1100 hrs 27/Apr/45 near Goita, Italy.”
AR 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.
The awards regulation also provides that subsequent to the cessation of hostilities during WW II, the regulation governing the award of the Bronze Star Medal was changed, in part, to provide for the award of this decoration to those individuals who had been awarded the CIB for meritorious achievement in ground combat against the armed enemy between 7 December 1941 and 2 September 1945.
DA Pamphlet 672-1, lists units that have been awarded unit citations, campaign and occupation credit, assault credit and foreign awards. This register shows that during the period of the applicant’s assignment to the 1st Armored Division it was awarded the Army of Occupation Medal with Germany clasp for the period 15 July 1944 to 17 January 1946.
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 applicant’s records substantiate that he incurred injuries on 27 April 1945, when the vehicle in which he was riding rolled off the soft shoulder of a road. The available evidence indicates that the injuries were the result of a vehicular accident and not hostile action. Accidental injuries, even though they may occur in a combat zone, that are 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.
2. Since none of the available records show that he sustained an injury as a direct result of hostile action there are no grounds for this Board to consider awarding the Purple Heart.
3. Notwithstanding the denial of his request for the Purple Heart, his records substantiate that he is entitled to the Bronze Star Medal and Army of Occupation Medal with Germany clasp. The Army Review Boards Agency Support Division, St. Louis will be requested to add these awards to his Separation Document.
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.
NOTE: The Army Review Boards Agency Support Division, St. Louis is requested to correct the applicant’s record to show that he was awarded the Bronze Star Medal and the Army of Occupation Medal with Germany clasp.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___wtm__ ___aao __ __jtm___ DENY APPLICATION
| CASE ID | AR2001056293 |
| 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. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 20040010985C070208
The applicant, as the son of a deceased former service member (FSM), requests that his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the Purple Heart and the Bronze Star Medal (based on award of the Combat Infantryman Badge). A WD AGO Form 8-38 (Special Examination or Additional Data), dated 12 December 1945, states that on 10 June 1945 in Germany the FSM received a blow on the right forehead and temporal region in a jeep accident and...
ARMY | BCMR | CY2001 | 2001062776C070421
In support of his request, he submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, and other documents, military reports and hospitalizations records as evidence of his contention of oversight by the Army in not awarding him the Bronze Star decoration, the Silver Star decoration and the Purple Heart with cluster. The applicant’s military record shows that he enlisted on 5 February 1941, was trained as a winch operator and served in the European Theater of...
ARMY | BCMR | CY2004 | 20040002660C070208
The Army of Occupation Medal is awarded for service in Italy between 9 May 1945 and 15 September 1947. The evidence shows that the applicant’s record contains administrative error that does not require action by the Board. The Case Management Support Division in St. Louis is requested to correct the applicant’s records to show award of the World War II Victory Medal and the Army of Occupation Medal with Germany and Japan clasps.
ARMY | BCMR | CY2002 | 2002074740C070403
A Request for Decoration and/or Citation, WD AGO Form 106, dated 8 April 1946 and prepared by the Separation Center at Fort Devens, MA requested the applicant be awarded the Purple Heart for being wounded in the left eye on 12 April 1945. The evidence of record shows the applicant is authorized to wear two bronze service stars on the European-African-Middle Eastern Campaign Medal. That the applicant's WD AGO Form 53-55 be amended to add the Purple Heart, the Bronze Star Medal, and the Army...
ARMY | BCMR | CY2008 | 20080014025
On 9 January 2009, the applicant was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which shows the Bronze Star Medal, the European-African-Middle Eastern Campaign Medal with four bronze service stars, the Army of Occupation Medal with Germany Clasp, and the entry "CITATION OF THE DAY OF THE BELGIUM ARMY" were added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). Army Regulation 600-8-22...
ARMY | BCMR | CY2012 | 20120006509
The applicant requests correction of his records to show two awards of the Purple Heart. The applicant's military service records are not available in original form to the Board for review. A review of the applicant's available military service records failed to reveal any evidence he was awarded the Purple Heart.
ARMY | BCMR | CY2003 | 2003086103C070212
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is insufficient evidence to grant his request for award of the Purple Heart.
ARMY | BCMR | CY2009 | 20090008731
The FSM's service record is not available for the Board's review. Notwithstanding the entry on his WD AGO Form 53-55 for the period ending 31 October 1945, the evidence shows that the FSM was hospitalized on two occasions - once to receive treatment for the gunshot wound he accidentally received and the second time for repair of an inguinal hernia. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the...
ARMY | BCMR | CY2001 | 2001060252C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2006 | 20060007528C070205
The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show award of the Purple Heart. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Purple Heart, the Bronze Star Medal...