| Mr. Carl W. S. Chun | Director | |
| Ms. P. A. Castle | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Mr. Richard T. Dunbar | Member |
2. The applicant requests that he be awarded the Purple Heart. He says he was wounded while serving in Korea in an accident with his 2 ½ ton truck. As a result of the accident he was found to be wounded with a fractured skull.
3. Records available to the Board indicate the applicant was called from inactive duty on 17 October 1950 and deployed to Korea. On 6 March 1951, the applicant was wounded in action in an accident with a 2 1/2 ton truck. The applicant was relieved from active duty 6 October 1951. He received an honorable discharge and completed 11 months and 20 days service during the period. His total active Federal service was 3 years, 1 month, and 28 days, with no time lost.
4. The applicant submits to the Board, a 10 August 1954 Veteran’s Administration (VA) claim result. It determined the applicant has “a scar on his scalp that was incurred in his military service and was rated as 0% disabling”.
5. The record contains a report of separation (DD Form 214) that specifies in item 29 entitled wounds received as a result of action with enemy forces the statement “fractured skull 6 March 1951.” Partial medical records show that he received a fractured skull and that it was in line of duty (LOD).
6. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. A wound is defined as an injury to any part of the body from an outside force. 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.
CONCLUSIONS:
1. Evidence of a wound sustained while in action against an enemy and that the treatment was made a matter of record, is sufficient, in and of themselves to overcome the regulatory requirement that the wound be treated by a medical officer.
2. The applicant was injured while in action with the enemy and treated for wounds sustained under qualifying conditions. Accordingly, he is entitled to the award of the Purple Heart.
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 awarding the individual concerned the award of the Purple Heart, for injuries received as a result of enemy action on 6 March 1951.
BOARD VOTE:
___rjw __ __jhl____ __rtd ___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Joann H. Langston____
CHAIRPERSON
| CASE ID | AR2001059334 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/02/26 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 61 | 107.0015/PH |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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