| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Raymond V. O’Connor | Chairperson | ||
| Mr. Stanley Kelley | Member | ||
| Mr. John P. Infante | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: That he was at the 104th Infantry Division’s command post on 10 January 1945 when bombs started falling, apparently “friendly fire.” They stopped after about 10 minutes. It happened so fast he does not remember anything else except that he could no longer hear anything. As he was walked over to the 329th Medical Battalion, he realized his right hand was covered with blood. Fortunately, the shrapnel cuts were limited to his right hand and, with the exception of one broken finger, were not serious. The medic captain who treated his hand told his buddy that his wounds were superficial compared to the men who were killed or seriously injured. He believes initially there was a reluctance to admit that their side had caused this incident and, therefore, the question as to who was entitled to the Purple Heart had less priority than how to cope with this tragedy and continue their advance into enemy territory. He was happy to have escaped with his life and never followed up to see if other involved soldiers were awarded the Purple Heart. He provides his Report of Separation, WD AGO Form 53-55, and two pages from the National Timberwolf Association Membership Roster dated June 1997 as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.
The applicant was inducted into the Army on 6 November 1942 and entered active duty on 20 November 1942. He arrived in the European Theater of Operations on 7 September 1944. He departed on 27 June 1945 and separated on 4 December 1945. His WD AGO Form 53-55 shows his organization as Headquarters and Service Company, 329th Engineer Combat Battalion (104th Infantry Division).
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 on or destroying enemy troops or equipment.
The historical files of the 104th Infantry Division at the National Archives in College Park, MD were reviewed. The G-2 (Intelligence) Journal for 10 January 1945 revealed that the command post area was bombed that day and reports indicated that B-17s dropped the bombs. It was estimated there were 30 – 40 injured with an unknown number of dead. Two available sets of general orders revealed that five soldiers from the command post area of operations were awarded Purple Hearts for wounds received on this date.
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. There is evidence of record to show the command post of the 104th Infantry Division was bombed, most likely by friendly forces, on 10 January 1945. It is noted that the applicant was assigned to a unit in the 104th Infantry Division. However, there is no substantiating evidence other than his own statement that he was injured as a result of this incident and that his injuries were treated by medical personnel. This is insufficient evidence to support award of the Purple Heart.
2. Regrettably, 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
__RVO__ __ SK _ _ _JPI __ DENY APPLICATION
| CASE ID | AR2002067813 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/07/18 |
| 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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