Mr. Carl W. S. Chun | Director | |
Mr. Edmund P. Mercanti | Analyst |
Mr. Arthur A. Omartian | Chairperson | |
Mr. Hubert O. Fry | Member | |
Mr. Thomas E. O'Shaughnessy | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart (PH).
APPLICANT STATES: He broke a toe when he had an accident while performing duties as a motorcycle patrolman. In another incident he was thrown from his motorcycle by explosions from Japanese bombs, which knocked him unconscious. As a result, he was unconscious for three to four days with a concussion and sustained numerous injuries.
In support of his application he submits a clinical record brief dated 30 May 1943, which shows that the applicant was treated for multiple injuries caused by his motorcycle hitting a hole in the road.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 28 January 1942, was awarded the military occupational specialty of wheeled vehicle mechanic, and was promoted to technical sergeant. He served in the China, India and Burma theaters of operation from 28 May 1942 to 12 March 1945. He was honorably discharged on 11 October 1945 due to the demobilization of the armed forces. The awards and decorations shown on his separation document are the Good Conduct Medal and Asiatic Pacific Service Medal with one bronze service star. Item 34 of his separation document, “Wounds received in action,” has “None” entered.
A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II (WWII) and the Korean conflict onto magnetic tape. Searches of these files only show that the applicant was treated for an ascaris infection and neuritis while in the service.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.
A WWII specific award is the WWII Victory Medal which is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. While the applicant has provided evidence that he was treated for injuries while on active duty, the document he provides shows that he received those injuries when the motorcycle he was riding hit a hole in the road.
2. As such, there is no evidence that he was wounded as a result of hostile action, one of the prerequisites for the award of the PH.
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.
NOTE: The Army Review Boards Agency, St. Louis, Missouri, will be requested to add the WWII Victory Medal to the applicant’s separation document.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___aao __ ___ho___ __teo___ DENY APPLICATION
CASE ID | AR2001064269 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20020430 |
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. |
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