| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Ms. Barbara J. Ellis | Member |
APPLICANT REQUESTS: Two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).
APPLICANT STATES: In effect, that he was separated from the service on
29 November 1945 on a partial service record and affidavit. He contends that his records were held in England and that he never saw his records. He goes on to state that he is entitled to two awards of the Purple Heart. In support of his application, he submits a letter of explanation and a copy of a WD AGO Form
53-55 (Enlisted Record and Report of Separation) with an effective date of
29 November 1945 which contains no entries in item 32 (Battles and Campaigns) or item 34 (Wounds Received in Action).
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was inducted in the Army of the United States on 28 March 1941. He served as a librarian in the European Theater of Operations from 13 October 1943 through 19 November 1945 and was honorably released on 29 November 1945. He subsequently served in the Enlisted Reserve Corps, the Regular Army and the Air Force.
The applicant’s service personnel records contain a WD AGO Form 53-55 (Enlisted Record and Report of Separation) with an effective date of
29 November 1945. This WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 32 (Battles and Campaigns) on this WD AGO Form 53-55, which was authenticated in the applicant’s own hand, shows the entry “NONE” and item 34 (Wounds Received in Action) also shows the entry “NONE”. Item 55 (Remarks) contains the entry “SEPARATED FROM THE SERVICE ON A PARTIAL SERVICE RECORD AND AFFIDAVIT FROM THE SOLDIER”.
There is no evidence in the applicant’s military records which show that he was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
Section 8 (Wounds Received Through Enemy Action) on the applicant’s WD AGO Form 24A (Service Record) is blank. Section 21 (Medals, Decorations, and Citations) of his Service Record does not show entitlement to the Purple Heart.
Army Regulation 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, and the medical treatment must have been made a matter of official record. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.
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 noted the applicant’s contention that he is entitled to two awards of the Purple Heart. However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was injured or treated for wounds as a result of hostile action during World War II.
2. Evidence of record shows the applicant signed his WD AGO Form 53-55 on 29 November 1945 attesting to the fact he was not entitled to any award of the Purple Heart.
3. The preponderance of evidence in this case shows he was not wounded or otherwise entitled to any award of the Purple Heart. Therefore, the applicant is not entitled to correction of his military records to show the Purple Heart (First Oak Leaf Cluster).
4. 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.
5. 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
JNS_____ CLG____ BJE____ DENY APPLICATION
| CASE ID | AR2001053039 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010419 |
| TYPE OF DISCHARGE | (HD) |
| DATE OF DISCHARGE | 19451129 |
| DISCHARGE AUTHORITY | AR 615-365 |
| DISCHARGE REASON | Convenience of the Government |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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