| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. JoAnn H. Langston | Chairperson | |
| Mr. George D. Paxson | Member | |
| Mr. Charles Gainor | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart (PH).
APPLICANT STATES: In effect, that he was wounded in action during World War II, in the Pacific Theater of Operations (PTO), and never received the PH. In support of his application, he submits a copy of his separation document
(WD AGO Form 53-55).
EVIDENCE OF RECORD: The applicant's military records show:
On 27 January 1945, the applicant was inducted into the Army and was trained and served in military occupational specialty (MOS) 345 (Light Truck Driver) and continuously served on active duty for 1 year, 10 months, and 14 days until being honorably separated, in the rank of private first class, on 10 December 1946. Item 33 (Awards) of his WD AGO 53-55 contains a list of awards he earned during his active duty tenure. These awards include the Asiatic Pacific Service Medal, Good Conduct Medal, World War II Victory Medal, and Army Occupational Medal. However, the PH is not included in the list of earned authorized awards contained in Item 33 and Item 34 (Wounds Received In Action) contains the entry “None”, which indicates that the applicant was not wounded in action during his active duty tenure.
The applicant’s separation physical examination report (WD AGO Form 38-1), dated 24 October 1956, which cleared him for separation, contains no indication that the applicant ever sustained a wound in combat during his active duty tenure.
Army Regulation 600-8-22 provides, 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 the PH because he was wounded in action in the PTO during World War II. However, it finds insufficient evidence to support this claim.
3. By regulation, in order to award the PH, the wound for which the award is being granted must have been sustained in action, must have been treated by military medical personnel, and this treatment must have been made a matter of official record.
4. The evidence of record gives no indication that the applicant was wounded in action during his active duty tenure. His separation document contains the entry “None” in Item 34 (Wounds Received in Action) and his separation physical examination documents no wounds received during his active duty tenure.
5. The Board wishes to congratulate the applicant on his record of World War II combat service and to advise him that veracity of his claim is not in question. The Board is compelled to deny the requested relief based solely on the lack of substantiating evidence and in the interest of fairness to all those who served during World War II, who face similar circumstances.
6. 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
JHL GDP CG DENY APPLICATION
| CASE ID | AR2002068399 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/04/25 |
| 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. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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