Mr. Carl W. S. Chun | Director | |
Ms. Deborah L. Brantley | Senior Analyst |
Mr. Raymond V. O'Connor, Jr. | Chairperson | |
Mr. Thomas B. Redfern III | Member | |
Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That his records be corrected to reflect award of the Purple Heart.
APPLICANT STATES: He was wounded during the Battle of the Bulge. In support of his request he submits a copy of an undated news article which indicates the applicant was "seriously injured on December 24 in action in Belgium." The article states that the applicant's parents were notified by telegram on 13 January.
EVIDENCE OF RECORD: The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed from alternative sources, including information provided by the applicant.
The applicant entered active duty on 6 November 1942 and served in the European Theater of Operations between November 1943 and March 1945. He performed duties as a truck driver with the 3711th Quartermaster Truck Company.
According to information maintained by the Office of The Surgeon General, commonly referred to as the SGO Files, the applicant sustained a fracture to his leg on 24 December 1944 when he was "struck by" a motor vehicle. The injury was recorded as a "non-battle injury." The applicant was, according to the SGO File, hospitalized for several months.
He returned to the United States in March 1945 and on 11 November 1945 was discharged with a Certificate of Disability for Discharge. His separation document, which he authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "None."
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 review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (3711th Quartermaster Truck Company) was awarded a Meritorious Unit Commendation while he was assigned to the unit.
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. Although the evidence does confirm that the applicant did sustain a severe injury to his leg during World War II, the evidence indicates that the injury was accidentally incurred. As such, there is no basis for an award of the Purple Heart.
2. 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 this requirement.
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: Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of a Meritorious Unit Commendation.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__RVO__ __TBR __ __DPH __ DENY APPLICATION
CASE ID | AR2002076486 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20021107 |
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. | |
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