Mr. Carl W. S. Chun | Director | |
Mr. Jessie B. Strickland | Analyst |
Mr. Walter T. Morrison | Chairperson | |
Mr. Curtis L. Greenway | Member | |
Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That her deceased husband, a former service
member (FSM), be awarded the Purple Heart.
APPLICANT STATES: That her husband was wounded on the island of Luzon during World War II and was never awarded the Purple Heart. She further states that he was shot in the head and elbow, that he was discharged from the hospital and lived his entire life as a 100% disabled veteran. She also states that he lived with pain and the Purple Heart was not foremost in his thoughts.
EVIDENCE OF RECORD: The FSM’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, information obtained from alternative sources show:
He was inducted in Chicago, Illinois on 29 December 1944 and departed for the Southwest Pacific Theater of Operations (SWPTO) on 14 June 1945. He arrived there on 8 July 1945 and served as a medium tank crewman in the 637th Tank Destroyer Battalion.
Information obtained from the hospital admission files of the Department of the Army, Office of the Surgeon General, indicate that he was declared a non-battle casualty on 16 August 1945, for a compound fracture of the ulna shaft. He was also diagnosed with conversion reaction. The causative agent was a mechanism of a firearm. The injury was determined not to be in line of duty.
He departed the SWPTO on 13 September 1945 and was assigned to Vaughn General Hospital in Illinois. He remained there until he was honorably discharged on 25 January 1946, under the provisions of Army Regulation 615-361, by reason of disability. He had served 1 year and 27 days of total active service.
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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. Although the amount of evidence in this case is very limited, the available evidence of record found in his case clearly indicates that the FSM was not wounded/injured as a result of enemy action. While the evidence shows that his wounds/injuries were treated by medical personnel and made a matter of official record, they also show that it was not a combat related injury.
3. Accordingly, absent evidence to the contrary, the Board finds no basis to award him the Purple Heart for his injuries during World War II.
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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__wtm___ __clg____ ___wtm_ DENY APPLICATION
CASE ID | AR2001065867 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 2002/04/02 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. 61 | 107.0015/PH |
2. | |
3. | |
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