| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Ernest M. Willcher | Chairperson | |
| Mr. Thomas E. O’Shaughnessy | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: In effect, award of the Purple Heart.
APPLICANT STATES: In effect, that he was awarded the Purple Heart prior to his 1946 discharge. In support of his request he submits a self-authored “summary records” which indicated he was treated for a shrapnel wound between 14 May and 18 June 1945 and a self authored “statement Service Connection Claim Compensation” in which he states he was awarded the Purple Heart with “50 or more of us held in a ceremony at Camp Spencer” before he was discharged. He also submits a January 1953 document prepared by the Armed Forces of the Philippines containing an “extract of the Form 23” which lists a chronology of his service and a “chronological Record of Wounds and Illness Incurred from 8 Dec 41 to Date of Return to Mil Control” which indicates he was assigned to the “121st Unit” in “Cervantes” from “14 May 45-18 Jun” and was treated by a “Lt. Ligot” for “Shrapnel W.”
EVIDENCE OF RECORD: The applicant's military records show:
He “joined guerrillas” on 3 December 1942 and “enlisted or [was] inducted in the 121st Infantry, United States Army” on 16 October 1944. The “remarks-administrative” section of his military file, which was intended to “show wounds, battles, engagement, etc.” does not reflect any wounds and following the entry “battle engagement:” is the word “None.”
On 14 February 1946 the applicant was honorably discharged for the convenience of the government.
On 1 March 1946 the applicant enlisted as a Philippine Scout for a period of three years. He was honorably discharged on 4 February 1949. His separation physical examination makes no mention of any wounds sustained as a result of hostile action or any scars associated with shrapnel wounds.
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.
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 applicant’s contention that he was awarded the Purple Heart for a shrapnel wound sustained between 14 May and 18 June 1945 is not supported by any medical evidence and the source of the “shrapnel wound” reflected on the 1953 document from the Armed Forces of the Philippines is insufficient evidence to confirm the applicant was wounded as a result of hostile action, nor is it supported in any other documents available to the Board, including an extract from the applicant’s military personnel file.
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 that requirement.
3. 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
__emw___ ___teo__ ___rtd__ DENY APPLICATION
| CASE ID | AR2001051592 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010315 |
| 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. |
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