| Mr. Carl W. S. Chun | Director | |
| Mr. Luis Almodova | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Robert L. Duecaster | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart and the date and type of wound he sustained be added to his separation document.
APPLICANT STATES: In effect, that Item 34 of his separation document should reflect, "Gunshot wound left and right shoulders during World War II."
In support of his application, the applicant submitted a copy of his WD AGO
Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge, with a date of separation of 17 July 1947; a Form 53A, Clinical Record Brief, dated 14 January 1947; and a Form 32d, presumably a hospital diagnosis and admissions report.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed records and other sources.
Records available to the Board show he enlisted and entered on active duty in the Regular Army on 26 October 1945. The applicant’s WD AGO Form 53-55 shows that he served 1 year, 8 months, and 22 days active Federal service of which 1 year, 1 months, and 26 days were spent in Europe. He was honorably discharged in the rank of Technician 5th Grade under the provisions of Army Regulation 615-369 for inaptitude or unsuitability on 17 July 1947.
The applicant's WD AGO Form 53-55, which is authenticated in his own hand, does not show award of the Purple Heart in block 33 (Decorations and Citations). The separation document also shows the entry "None" in block 34 (Wounds Received in Action). The applicant provided no orders awarding him the Purple Heart.
Block 33, of the applicant's WD AGO Form 53-55 shows that the applicant was awarded the Army of Occupation Medal with Germany Clasp and the World War II Victory Medal. Block 55 (Remarks) shows he was issued the Lapel Button [properly known as the Honorable Service Lapel Button].
The Board reviewed the medical records provided by the applicant. The Form 53A, and the Form 32d prepared at the 317th Station Hospital show that the applicant sustained a penetrating gunshot wound, "perforating, chest, right posterior, entering inferior to right scapula, striking right 9th rib and exiting inferior to left scapula," and the "patient was shot by French Gendarme at Mainz-Kastel Bridge at 2000 hours, 10 December 1946."
The official end of World War II in Europe took place on 8 May 1945 with the unconditional surrender of the German Command to the Commander in Chief,
21st Army Group. All hostilities on air, land, and sea, had ceased at 0800 hours, 5 May 1945 by all German forces.
Army Regulation 600-8-22 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, 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 Board considered the applicant's contention that he is entitled to award of the Purple Heart.
2. The surrender by the German Command on 8 May 1945 signaled the official end of the war in Europe. Hostilities by German Forces had ceased on 5 May 1945.
3. The gunshot wound that was sustained by the applicant was inflicted by the French Gendarme on 10 December 1946 and was not the direct result of hostile action. During World War II, France was a friendly nation and allied with the United States.
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___ __mdm___ __rld___ DENY APPLICATION
| CASE ID | AR2003086256 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030508 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0000 |
| 2. | 107.0015 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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