| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Ted S. Kanamine | Member | |
| Ms. Shirley L. Powell | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: That he was flying a light observation plane over Germany on 4 April 1945 when he was forced down behind enemy lines when enemy ground fire damaged the fuel system. He sustained a scalp wound, which bled a lot, and gasoline from the fuel system soaked his left foot and leg. He and his observer were rescued about 4 hours later. He was treated for a chemical burn from the gasoline on his foot and leg but he was denied the Purple Heart because the battalion commander said he already had more medals than anyone in the battalion. He submits a copy of the battalion daily log to substantiate his application.
EVIDENCE OF RECORD: The applicant's military records show:
He served in the European Theater of Operations from 22 October 1944 to 28 October 1945 and was released from active duty due to demobilization on 20 November 1945. Following World War II he affiliated with the Army National Guard, subsequently returned to active duty and retired from active duty with 20 years of active Federal service as a lieutenant colonel on 31 October 1965.
The copy of the log of 342nd Armored Field Artillery Battalion, which the applicant submitted to substantiate his case, has a 1530 hours entry that reads, "Ln Plane (Lt [applicant] Pilot and Lt S____ Observer) forced down thru enemy fire, gas tank shot up." A 1005 hours entry reads "Sgt. W____'s tank hit by enemy bazooka. Sgt. W____ received cut over eye, minor damage to tank."
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained in action against an enemy or 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.
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 situation as described does not meet the regulatory requirements for award of the Purple Heart, because there is no record of treatment.
2. Furthermore, in light of the logged details about Sgt. W___'s wound the evidence is insufficiently convincing to demonstrate that award of the Purple Heart, in contravention of the regulatory requirements, is warranted.
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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_SAC ___ __TSK __ __SLP___ DENY APPLICATION
| CASE ID | AR2003083513 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030311 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
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