| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Roger Able | Member | |
| Mr. Terry L. Placek | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart (PH).
APPLICANT STATES: In effect, that his Enlisted Record and Report of Separation (WD AGO Form 53-55) does not show the PH as an authorized award. He further states he was wounded in the European Theater of Operations (ETO) while assigned to General Patton’s unit.
EVIDENCE OF RECORD: The applicant's military records show:
On 6 May 1942, he entered the Army and was trained and served as a heavy automotive equipment operator. He served in the ETO from 18 September
1943 to 15 November 1945, and he participated in the Normandy, Rhineland, and Northern France campaigns of World War II.
The applicant’s record also shows that during his active duty tenure he earned the following awards: European-African-Middle Eastern Service Medal; Good Conduct Medal; and World War II Victory Medal. There is no indication in the record that he ever earned or was awarded the PH. The highest rank he attained while serving on active duty was Technician 5th Grade and he was honorably released from active duty on 29 November 1945.
The record contains a Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release From Active Duty or Retirement (WD AGO Form 38), which documents the separation medical examination taken by the applicant during his separation processing. This document contains no reference to the applicant sustaining a combat wound or any indication that he was entitled to receive the PH.
Army Regulation 600-8-22 prescribes the policy for the Army awards program. It states, in pertinent part, that the PH 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, 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 Board notes the applicant’s contention that he is entitled to receive the PH for wounds he received in action. However, it finds insufficient evidence to support this claim. By regulation, in order to award the PH there must be evidence to show an individual was wounded in action, the wound was treated by military medical personnel, and that treatment must have been made a matter of official record.
2. The evidence of record gives no indication that the applicant ever sustained a combat wound or that he was ever awarded the PH. Further, his separation medical examination, that cleared him for separation, made no reference to his being wounded or injured in action or of his qualifying for the PH. Therefore, lacking independent evidence to the contrary, the Board finds an insufficient evidentiary basis to show that the applicant meets the regulatory criteria necessary to be awarded the PH and it is therefore compelled to deny the requested relief.
3. 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
___LLS__ __RA___ __TLP___ DENY APPLICATION
| CASE ID | AR2001061921 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/01/08 |
| 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. | 107.0056 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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