| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: That her deceased spouse, a former service member (FSM), be awarded the Purple Heart.
APPLICANT STATES: The applicant makes no additional statement.
EVIDENCE OF RECORD: The FSM's military records were lost or destroyed in the National Personnel Records Center fire in 1973. The information contained herein was obtained from alternate sources.
The FSM was inducted into and entered active service on 18 March 1941.
On 26 December 1944, the FSM received a gunshot wound to the back. He had been the driver of a ¼ ton vehicle. When his passenger, who was carrying a .45 caliber machine pistol, entered the rear of the vehicle the pistol accidentally went off and hit the FSM in the left rear below his armpit. The injury was investigated and it was established that his injuries were incurred in the line of duty and not due to his own misconduct. The FSM was treated by the 7th General Hospital.
The FSM was separated on 4 November 1945.
Army Regulation 600-8-22 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. Individuals wounded or killed as a result of ”friendly fire” in the “heat of battle” will be awarded the Purple Heart as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.
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 Board is sympathetic with the applicant’s concern about recognizing the FSM’s wartime injuries; however, those injuries did not meet the eligibility criteria for award of the Purple Heart. They were not caused as a result of hostile action nor as a result of “friendly fire” as defined by regulation.
2. 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
__jns___ __mvt___ __wdp___ DENY APPLICATION
| CASE ID | AR2001057237 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010724 |
| 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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