| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Ms. Regan K. Smith | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: He was never awarded the Purple Heart for "ruptured ear drum and hearing loss while in combat in Germany 1945." In support of his request he submits a copy of his Department of Veterans Affairs disability entitlement, which granted him a 10 percent disability rating for "right mixed hearing loss secondary to explosive injury and or noise exposure."
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 18 January 1944 and arrived in the European Theater of Operations in January 1945. In May 1945 he was awarded the Combat Infantryman Badge and in April 1946 he returned to the United States.
On 17 May 1946 the applicant was released from active duty. His separation document, which he authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "NONE."
In 1998 the applicant was granted a service connected disability rating for bilateral hearing loss by the Department of Veterans Affairs. The Department of Veterans Affairs rating decision document notes that the applicant submitted one statement from an individual who reported that he had noticed the veteran's hearing loss while in the service and statements from three other persons who claimed that they knew the veteran prior to service and that he had no hearing loss before entering the military.
The Department of Veterans Affairs indicated that the applicant had served "one month as a cannoneer and for 15 months as a gun crewman, light artillery." They concluded "considering all of the medical and lay evidence of record and resolving reasonable doubt in favor of the veteran, service connection for hearing loss is granted."
There were no extant medical records available to the Board and files maintained by the Office of The Surgeon General, commonly referred as the "SGO Files" did not record treatment of any wounds or injuries sustained by the applicant as a result of hostile action.
A review of the historical files maintained at the National Archives in College Park, Maryland, also failed to identify the applicant as being entitled to an award of the Purple Heart.
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.
Army Regulation 600-8-22 also provides for award of the Bronze Star Medal to individuals who were awarded the Combat Infantryman Badge during World War II. Awards of the Bronze Star Medal, based on the Combat Infantryman Badge, are commonly referred to as conversion awards.
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 applicant may be receiving disability compensation for a condition which was determined to have resulted from his military service, and may have occurred as a result of his performance of duty in a combat theater, the absence of evidence which confirms that his hearing loss was the direct result hostile action precludes award of the Purple Heart.
2. The fact that an individual may sustain a wound or injury while in a combat theater is not a basis for award of the Purple Heart.
3. 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.
4. 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 Army Review Boards Agency Support Division in St. Louis are requested to administratively correct the applicant's document to reflect
award of a the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__JHL __ __RKS __ ___JTM _ DENY APPLICATION
| CASE ID | AR2002081304 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030717 |
| 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. |
ARMY | BCMR | CY1996 | 9609524C070209
The applicant requests correction of his military records to reflect that he was wounded in action and as such awarded the Purple Heart, that he be awarded an additional bronze service star denoting participation in a second combat campaign and that he be awarded the Bronze Star Medal based on his Combat Infantryman Badge. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action. That all of the Department of...
ARMY | BCMR | CY1997 | 9710862
The evidence indicates the applicant was wounded on 14 May 1945 during World War II and as such is entitled to award of the Purple Heart. The Board also notes the applicant is entitled to award of the Bronze Star Medal as a conversion award based on his Combat Infantryman Badge. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for wounds sustained on 14 May 1945 during World War II and the Bronze Star...
ARMY | BCMR | CY2003 | 2003083474C070212
The applicant requests that his records be corrected to reflect award of the Purple Heart. There were no other medical records available to the Board. The evidence does confirm that the applicant was wounded as a result of hostile action on 21 December 1944 and as such, is entitled to an award of the Purple Heart and to have the injury recorded in item 34 on his separation document.
ARMY | BCMR | CY2002 | 2002077821C070215
His award of the Purple Heart confirms that he actively participated in ground combat. The Board concludes the applicant met the basic qualification requirements for award of the Combat Infantryman Badge and his records should be corrected accordingly. The Board notes that based on his entitlement to the Combat Infantryman Badge, the applicant is also entitled to an award of the Bronze Star Medal as conversion award.
ARMY | BCMR | CY2002 | 2002070747C070402
PROCEEDINGS BOARD DATE: 23 MAY 2002 DOCKET NUMBER: AR2002070747 He is also entitled to a Bronze Star Medal based on his award of the Combat Infantryman Badge. The evidence confirms the applicant sustained a cerebral concussion in November 1942 as a result of hostile action during World War II and as such is entitled to an award of the Purple Heart.
ARMY | BCMR | CY2001 | 2001062558C070421
Although the applicant's separation document does not indicate that the applicant was wounded in action, information contained on the applicant's 1946 separation physical examination tends to support a conclusion that the applicant was wounded. In view of this evidence, the Board concludes that it would be appropriate, and in the interest of justice, to award the applicant the Purple Heart for the wound he sustained in March 1945 while in the European Theater of Operations, and his records...
ARMY | BCMR | CY2002 | 2002075312C070403
Additionally, documents from files at the National Archives confirm that the "Doc Br" who treated the applicant's wound was a member of the same infantry regiment and was awarded a Combat Medical Badge in May 1945, which was "effective" 2 September 1944. Notwithstanding the fact that there are no medical records to confirm that the applicant was wounded, or that his name was not among those reported as wounded in action by the regimental history authored in 1946, the Board is convinced that...
ARMY | BCMR | CY2003 | 2003083509C070212
There is insufficient evidence medical documentation which confirms the applicant was wounded as a result of hostile action during World War II and as such, there is insufficient evidence on which to base an award of the Purple Heart. Although the Board was unable to confirm that the applicant was ever recommended for, or award, the Bronze Star Medal as a result of his actions during the sniper incident he related, he is entitled to an award of the Bronze Star Medal as a conversion award...
ARMY | BCMR | CY2002 | 2002068367C070402
On 28 September 1945, the applicant received a disability discharge under the provisions of Army Regulation 615-361. The evidence also shows that the applicant is entitled to the World War II Victory Medal, and the Army of Occupation Medal with Germany clasp. The Board also notes that the applicant is entitled to a Bronze Star Medal as a conversion award based on his Combat Infantryman Badge and his record should be corrected to reflect that decoration.
ARMY | BCMR | CY2003 | 03096485C070212
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 02 MARCH 2004 DOCKET NUMBER: AR2003096485 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review.