Mr. Carl W. S. Chun | Director | |
Mr. Edmund P. Mercanti | Analyst |
Mr. Luther L. Santiful | Chairperson | |
Ms. Paula Mokulis | Member | |
Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart (PH).
APPLICANT STATES: He was wounded in his right heel by a shell fragment from a German artillery round during the battle of Vianden during WWII. He was treated for that wound by a field medic and given a new pair of boots.
In support of his request the applicant submits a Veterans Administration disability compensation decision which lists wounds to his right hand and right heel.
EVIDENCE OF RECORD: The applicant's military records could not be located and are presumed to have been destroyed in the fire at the records repository in 1973. The following information was derived from the applicant’s separation document provided by the applicant, himself.
He was inducted on active duty on 15 April 1943, was awarded the military occupational specialty of heavy construction carpenter, and served in the European Theater of Operations from 22 October 1944 to 17 February 1946. He participated in the Ardennes, Rhineland and Central European Campaigns. He was honorably released from active duty in the rank of sergeant on 21 February 1946. He was awarded the American Theater Medal, the European-African-Middle Eastern Campaign Medal with 3 bronze service stars, the Good Conduct Medal, and the WWII Victory Medal. Item 34 of his separation document, Wounds Received in Action, has “None” entered.
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 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 and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). Searches of these files fail to show that the applicant was wounded or injured as a result of enemy action.
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 Board has no reason to doubt the statement of events the applicant has provided regarding his wounding, such individual statements are acceptable only where corroborating evidence is available from official sources. In the absence of official evidence showing that he was wounded as a result of hostile action, there are no grounds for this Board to award the Purple Heart.
2. The DVA compensation decision submitted by the applicant has been carefully considered by the Board. While it is apparent from this decision that the DVA accepted that the applicant was wounded in his hand and heel, the DVA does not specify how the wounds were incurred. Without a finding by the DVA that the wounds were the result of hostile action, that they required treatment by a medical officer, and the medical treatment was made a matter of official record, the DVA ruling in and of itself is unacceptable as evidence on which to base 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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___lls ___ ___pm_ _ ___dph__ DENY APPLICATION
CASE ID | AR2002069891 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20020806 |
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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