| Mr. Carl W. S. Chun | Director | |
| Mr. W. E. Schnupp | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That his discharge be corrected to show he was wounded in action and awarded the Purple Heart.
APPLICANT STATES: That his WD AGO Form 53-55, Enlisted Record and Report of Separation, does not list any wounds received in action. However, he says, he was wounded on 27 December [1941] on Morotai Island.
In support of his request, he submits a copy of the Western Union Telegram from the Army to his mother advising that he had been wounded in action, a War Department letter to his mother indicating that he was recovering from his injuries and a copy of his WD AGO Form 53-55.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 1 October 1942, and was trained as a scout, military occupational specialty 761. He served with Company G, 136th Infantry, in the Asiatic-Pacific Theater of Operations from July 1943 to April 1945. He was honorably released from active duty with a Certificate of Disability for Discharge on 20 August 1945, in the rank of private first class.
His awards include the Good Conduct Medal, the Asiatic-Pacific Campaign Medal with 2 Bronze Service Stars and the World War II Honorable Service Lapel Button.
The Western Union Telegram concerning the applicant’s wounding advised his mother that he had been, “slightly wounded in action,” but does not detail the circumstances or extent of his injuries.
A Clinical Record Brief in his medical records shows that he was admitted to the 174th Station Hospital on 28 December 1944 with the following diagnosis: “#1. Fracture, Compound, Multiple, Complete 2nd 3rd 4th 5th Metacarpals Rt. hand. Severe, A.I. About 1400, Dec 27 [45] when he was struck by K ration box dropped from C-47 In A.P.O. 926. #2. Wounds, Lacerated, Multiple, Mod. Sever, Dorsum, Rt. hand, A.I., as in #1.” The diagnosis and circumstances of his injury were confirmed in the hospital admission form from Letterman General Hospital in San Francisco dated 30 April 1945.
Army Regulation 600-8-22, Military Awards, 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.
The awards regulation also authorized the American Campaign Medal to be awarded for service in the American Theater between 7 December 1941 and 2 March 1946; and, the World War II Victory Medal for service between 7 December 1941 and 31 December 1946.
Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that during his assignment to Company G, 136th Infantry, the unit was awarded the Distinguished Unit Citation for the period 20 to 26 March 1945 and the Philippine Presidential Unit Citation for the period 17 October 1944 to 4 July 1945.
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. Accidental injuries, even though they may occur in a combat zone, that are not directly attributable to an act of the enemy, are not considered wounds received in action and do not entitle the individual to the Purple Heart. While the telegram from the Army to his mother advised her that he had been “slightly wounded in action,” the description of how his injuries were incurred, contained in his medical records, suggests that they were the result of an “accident” rather than incident to combat. Therefore, notwithstanding the Army’s insinuation in the notification telegram that his wounds were the result of combat action, the Board finds that his injuries were accidental and do not qualify for award of the Purple Heart.
2. The applicant’s record shows, however, that he is entitled to the American Campaign Medal, the World War II Victory Medal, the Distinguished Unit Citation and the Philippine Presidential Unit Citation. The Army Review Boards Agency Support Division, St. Louis, will be asked to administratively award these medals to him.
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: Request the Army Review Boards Agency Support Division, St. Louis, administratively award the American Campaign Medal, the World War II Victory Medal, the Distinguished Unit Citation and the Philippine Presidential Unit Citation to the applicant.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___mvt__ ___jhl ___ ____rtd__ DENY APPLICATION
| CASE ID | AR2002071470 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20021017 |
| 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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