Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001051542C070420
Original file (2001051542C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 19 April 2001
         DOCKET NUMBER: AR2001051542

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Mr.John N. Slone Chairperson
Ms. Barbara J. Ellis Member
Mr. Curtis L. Greenway Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his military records be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES: That his award of the Purple Heart was never registered nor reflected on his discharge.

In support of his request, he has provided a statement from an individual who states he witnessed a medic treat the applicant for a slight wound on his right hand on the field of battle on the 26th of March 1945 near Beaul, Germany.

EVIDENCE OF RECORD: The applicant's military records are not available. The information herein was provided by the applicant or obtained from alternate sources:

He was inducted on 27 March 1943 and trained in military occupational skill 745, infantry. He served in the European Theater of Operations from February 1945 to April 1946 and was honorably separated on 16 April 1946 in the grade of private first class.

His awards include the Combat Infantryman Badge (CIB), the Good Conduct Medal, the Marksman Badge with Rifle Bar, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, the World War II Victory Medal, and the American Campaign Medal.

Several DA Form 1577 (Authorization For Issuance Of Awards) indicate his awards also include: the Bronze Star Medal, which was based on his award of the CIB, the addition of Two Bronze Service Stars to his European-African-Middle Eastern Campaign Medal, and the Army of Occupation Medal (Germany) which have not been reflected on his separation document.

His Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) does not reflect the Purple Heart as an authorized award in item 33 (Decorations and Citations), nor does item 34 (Wounds Received in Action), contain an entry reflecting that he was wounded.

Since 1976 the National Personnel Record Center and the US Army Military Personnel Command (PERSCOM), Military Awards Branch have made several searches of records and databases to find evidence to verify the applicant’s







claim. No evidence has been found. PERSCOM informed the applicant that they carefully reviewed his medical records from the Veterans Administration and could find no evidence that he was either wounded as a result of hostile action or treated for an injury.

AR 600-8-22, Military Awards, 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 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. Over the last twenty-five years several searches of sources within Department of the Army have been made to find evidence to verify the applicant’s qualification for the Purple Heart. The applicant states that he received a slight wound that was treated by a medic. Neither the applicant nor his eyewitness states the injury was the result of hostile forces. These facts lead the Board to conclude that the wound may have been so slight that it did not require treatment from a medical officer or that the treatment be made a matter of official record, or that the injury was not the result of action with hostile forces. Therefore, the injury did not meet the regulatory requirement for 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. A review of the applicant’s records reveals several awards that are not reflected on his separation document. A request will be made to the Army Review Boards Agency Support Division to provide the applicant with a correction to his separation document to reflect these awards.











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: The Army Review Boards Agency Support Division, St. Louis will be requested to provide the applicant with a correction to his separation document to reflect the following awards: the Bronze Star Medal, the European-African-Middle Eastern Campaign Medal with Two Bronze Service Stars and the Army of Occupation Medal (Germany).

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___jns ___ __bje _ _ ____clg _ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR200151542
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010419
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.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002072391C070403

    Original file (2002072391C070403.rtf) Auto-classification: Approved

    The applicant states that his discharge paper does not reflect award of the Purple Heart that he received in France. Paragraph 2-8b(5)(a) of this regulation states, in part, that “Frostbite or trench foot injuries” do not “qualify for award of the Purple Heart.” It is noted that the applicant was hospitalized for 55 days for a cold weather injury, and the Board did consider the possibility that the applicant had suffered a frostbite injury, which would entitle him to the Purple Heart.

  • ARMY | BCMR | CY2002 | 2002075199C070403

    Original file (2002075199C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board also notes that the applicant authenticated his WD AGO Form 53-55 at the time of his separation from the Army and this document did not show award of the Purple Heart or that he was wounded as a result of hostile action. NOTE : The Army Review Board Agency Support Division, St. Louis, Missouri is requested to provide the applicant with an administrative...

  • ARMY | BCMR | CY2006 | 20060012542

    Original file (20060012542.txt) Auto-classification: Denied

    The applicant, the daughter of a deceased former service member (FSM), requests that he be awarded the Purple Heart. While the Board does not doubt the veracity of the applicant’s claim that her late father is entitled to award of the Purple Heart, there is no evidence in the available records, and the applicant has failed to provide any evidence which conclusively shows the FSM sustained wounds as a result of hostile action, and that treatment for any wounds was made a matter of official...

  • ARMY | BCMR | CY2002 | 2002077772C070215

    Original file (2002077772C070215.rtf) Auto-classification: Approved

    The Board considered the following evidence: Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 23 February 1945 in the European Theater of Operations and correction of his military records to show this award. Therefore, the applicant is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this medal.

  • ARMY | BCMR | CY2013 | 20130018545

    Original file (20130018545.txt) Auto-classification: Approved

    The applicant's complete military records are not available to the Board for review. The evidence of record confirms the applicant received an injury as the result of enemy action in the European theater on 12 October 1944 as annotated on his WD AGO Form 53-55. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for injuries received due to hostile action in the European theater on 12 October...

  • ARMY | BCMR | CY2012 | 20120021454

    Original file (20120021454.txt) Auto-classification: Approved

    Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists World War II units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal. However, the evidence of record does not show and the applicant has not provided evidence showing he received wounds as a result of hostile action that required treatment by medical personnel and that a record was made of that treatment. As a result, the Board recommends...

  • ARMY | BCMR | CY2011 | 20110018725

    Original file (20110018725.txt) Auto-classification: Approved

    His WD AGO Form 53-55 further shows in: * item 6 (Organization) the entry "Co G, 22nd Infantry, 4th Division" * item 31 (Military Qualification and Date) the entry "Combat Infantryman Badge – 1 November 1944" * item 32 (Battles and Campaigns) the: * Campaign of Normandy * Campaign of Belgium * Campaign of Germany * item 33 (Decorations and Citations) the: * Three Bronze Battle Stars * Army Good Conduct Medal * Purple Heart with One Oak Leaf Cluster * European Theater of Operations...

  • ARMY | BCMR | CY2002 | 2002076505C070215

    Original file (2002076505C070215.rtf) Auto-classification: Approved

    There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. The applicant signed his WD AGO Form 53-55 on 15 January 1946 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal...

  • ARMY | BCMR | CY2010 | 20100018686

    Original file (20100018686.txt) Auto-classification: Approved

    Additionally, the WD AGO Form 106 (Request for Decoration and/or Citation) should be considered an official document since his records were destroyed in 1973. The applicant provides the following documents: * His previously-submitted WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 11 June 1946 * His previously-submitted WD AGO Form 106, dated 10 June 1946 CONSIDERATION OF EVIDENCE: 1. Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he participated in the...

  • ARMY | BCMR | CY2010 | 20100007794

    Original file (20100007794.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Purple Heart. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows he was wounded in the EAMETO on 25 November 1944. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 33 of his WD AGO Form 53-55 the "EAMETO MED, DIST UNIT BADGE, and the BRONZE...