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Department of the Army, Dod § 578.17

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Department of the Army, Dod § 578.17 Department of the Army, DoD § 578.17 of lesser degree than required for the reverse has the inscription ‘‘Heroic or award of the Silver Star. Meritorious Achievement.’’ The star is (2) Meritorious achievement and service. suspended by a rectangular-shaped loop Awards may be made to recognize sin- with corners rounded from a moired gle acts of merit and meritorious serv- silk ribbon 13⁄8 inches in length and 13⁄8 ice. The lesser degree than that re- inches in width, composed of stripes of quired for the award of the LM, must white (1⁄32-inch), red (9⁄16-inch), white nevertheless have been meritorious and (1⁄32-inch), blue (1⁄8-inch), white (1⁄32- accomplished with distinction. inch), red (9⁄16-inch), and white (1⁄32- (3) Awards may be made, by letter inch). A bronze block letter ‘‘V’’ 1⁄4 inch application to NPRC, 9700 Page Ave- in height with serifs at the top of the nue, St. Louis, MO 63132–5100 (Soldiers members is worn on the suspension and who retired or were discharged after service ribbons of the Bronze Star October 1, 2002 should send their re- Medal to denote an award made for quests to the Commander, U.S. Army heroism (valor). Not more than one Human Resources Command, St. Louis, ‘‘V’’ device will be worn. When one or ATTN: AHRC–CC–B, 1 Reserve Way, St. more oak-leaf clusters appear on the Louis, MO 63132–5200), enclosing docu- same ribbon the ‘‘V’’ device is worn on mentary evidence, if possible, to each the wearer’s right. (E.O. 9419, February member of the Armed Forces of the 4, 1944, 9 FR 1495) United States who, after December 6,1941, has been cited in orders or § 578.17 Purple Heart. awarded a certificate for exemplary (a) Criteria. The Purple Heart was es- conduct in ground combat against an tablished by General George Wash- armed enemy between December 7, 1941 ington at Newburgh, New York, on Au- and September 2, 1945, inclusive, or gust 7, 1782, during the Revolutionary whose meritorious achievement has War. It was reestablished by the Presi- been otherwise confirmed by docu- dent of the United States per War De- ments executed prior to July 1, 1947. partment General Orders (WDGO) 3, For this purpose, an award of the Com- 1932 and is currently awarded pursuant bat Infantryman Badge or Medical to Executive Order 11016, April 25, 1962; Badge is considered as a citation in or- Executive Order 12464, February 23, ders. Documents executed since August 1984; Public Law 98–525, October 19, 4, 1944 in connection with recommenda- 1984. Public Law 103–160, November 30, tions for the award of decorations of 1993; Public Law 104–106, February 10, higher degree than the Bronze Star 1996; and Public Law 105–85, November Medal will not be used to establish a 18, 1997. It is awarded in the name of basis for the award under this para- the President of the United States to graph. any member of the Armed Forces of (4) Upon letter application, award of the United States who, while serving the Bronze Star Medal may be made to under competent authority in any ca- eligible soldiers who participated in pacity with one of the U.S. Armed the Philippine Islands Campaign be- Services after April 5, 1917 who has tween December 7, 1941 to May 10, 1942. been wounded or killed, or who has Performance of duty must have been died or may hereafter die after being on the island of Luzon or the Harbor wounded: Defenses in Corregidor and Bataan. (1) In any action against an enemy of Only soldiers who were awarded the the United States. Distinguished Unit Citation (redesig- (2) In any action with an opposing nated the Presidential Unit Citation on armed force of a foreign country in November 3, 1966) may be awarded this which the Armed Forces of the United decoration. Letter application should States are or have been engaged. be sent to NPRC (see paragraph (a)(3) (3) While serving with friendly for- of this section). eign forces engaged in an armed con- (b) Description. A bronze star 11⁄2 flict against an opposing armed force inches in circumscribing diameter. In in which the United States is not a bel- the center thereof is a 3⁄16-inch diame- ligerent party. ter raised bronze star, the center line (4) As a result of an act of any such of all rays of both stars coinciding. The enemy of opposing armed forces. 413 VerDate Aug<31>2005 07:48 Aug 13, 2007 Jkt 211125 PO 00000 Frm 00423 Fmt 8010 Sfmt 8010 Y:\SGML\211125.XXX 211125 § 578.17 32 CFR Ch. V (7–1–07 Edition) (5) As the result of an act of any hos- (ii) Injury caused by enemy placed tile foreign force. mine or trap. (6) After March 28, 1973, as a result of (iii) Injury caused by enemy released an international terrorist attack chemical, biological, or nuclear agent. against the United States or a foreign (iv) Injury caused by vehicle or air- nation friendly to the United States, craft accident resulting from enemy recognized as such an attack by the fire. Secretary of Army, or jointly by the (v) Concussion injuries caused as a Secretaries of the separate armed serv- result of enemy generated explosions. ices concerned if persons from more (5) Examples of injuries or wounds than one service are wounded in the at- which clearly do not qualify for award tack. of the Purple Heart are as follows: (7) After March 28, 1973, as a result of (i) Frostbite or trench foot injuries. military operations while serving out- (ii) Heat stroke. side the territory of the United States (iii) Food poisoning not caused by as part of a peacekeeping force. enemy agents. (b) While clearly an individual deco- (iv) Chemical, biological, or nuclear ration, the Purple Heart differs from agents not released by the enemy. all other decorations in that an indi- (v) Battle fatigue. vidual is not ‘‘recommended’’ for the (vi) Disease not directly caused by decoration; rather he or she is entitled enemy agents. to it upon meeting specific criteria. (vii) Accidents, to include explosive, (1) A Purple Heart is authorized for aircraft, vehicular, and other acci- the first wound suffered under condi- dental wounding not related to or tions indicated above, but for each sub- caused by enemy action. sequent award an Oak Leaf Cluster will (viii) Self-inflicted wounds, except be awarded to be worn on the medal or when in the heat of battle, and not in- ribbon. Not more than one award will volving gross negligence. be made for more than one wound or (ix) Post traumatic stress disorders. injury received at the same instant or (x) Jump injuries not caused by from the same missile, force, explosion, enemy action. or agent. (6) It is not intended that such a (2) A wound is defined as an injury to strict interpretation of the require- any part of the body from an outside ment for the wound or injury to be force or agent sustained under one or caused by direct result of hostile ac- more of the conditions listed above. A tion be taken that it would preclude physical lesion is not required, how- the award being made to deserving per- ever, the wound for which the award is sonnel. Commanders must also take made must have required treatment by into consideration the circumstances a medical officer and records of med- surrounding an injury, even if it ap- ical treatment for wounds or injuries pears to meet the criteria. Note the fol- received in action must have been lowing examples: made a matter of official record. (i) In a case such as an individual in- (3) When contemplating an award of jured while making a parachute land- this decoration, the key issue that ing from an aircraft that had been commanders must take into consider- brought down by enemy fire; or, an in- ation is the degree to which the enemy dividual injured as a result of a vehicle caused the injury. The fact that the accident caused by enemy fire, the de- proposed recipient was participating in cision will be made in favor of the indi- direct or indirect combat operations is vidual and the award will be made. a necessary prerequisite, but is not sole (ii) Individuals injured as a result of justification for award. their own negligence; for example, (4) Examples of enemy-related inju- driving or walking through an unau- ries which clearly justify award of the thorized area known to have been Purple Heart are as follows: mined or placed off limits or searching (i) Injury caused by enemy bullet, for or picking up unexploded munitions shrapnel, or other projectile created by as war souvenirs, will not be awarded enemy action. the Purple Heart as they clearly were 414 VerDate Aug<31>2005 07:48 Aug 13, 2007 Jkt 211125 PO 00000 Frm 00424 Fmt 8010 Sfmt 8010 Y:\SGML\211125.XXX 211125 Department of the Army, DoD § 578.18 not injured as a result of enemy action, tween December 7, 1941 and September but rather by their own negligence. 22, 1943, may apply for award of an ap- (7) Members killed or wounded in ac- propriate decoration instead of the tion by friendly fire, 10 U.S.C. 1129. Purple Heart. (i) For purposes of award of the Pur- (f) For those who became Prisoners of ple Heart, the Secretary of the Army War during World War II, the Korean shall treat a member of the Armed War and after April 25, 1962, the Purple Forces described in paragraph (a) of Heart will be awarded to individuals this section in the same manner as a wounded while prisoners of foreign member who is killed or wounded in ac- forces, upon submission by the indi- tion as the result of an act of an enemy vidual to the Department of the U.S.
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