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Decision Text

ARMY | BCMR | CY2001 | 2001057202C070420
Original file (2001057202C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 24 July 2001
         DOCKET NUMBER: AR2001057202

         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Margaret V. Thompson Member
Mr. William D. Powers 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: In effect, that he be awarded the Purple Heart.

APPLICANT STATES: That he was wounded when his chin point was crushed during a Nazi bomber raid on Naples Harbor in December 1944. General David Sarnoff, his superior, was a witness as he was present. He received treatment at the U. S. Army Medical Facility, Naples Harbor plus further treatment in Algiers and Teheran. Actress Sophia Loren, for whom he later worked, often told this story as she was 12-years old at the time and suffered a slight wound from this bombing raid. Supporting evidence is as listed on the DD Form 149.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

The applicant entered active duty on 19 July 1941. He arrived in the European Theater of Operations on 24 December 1943 and departed on 19 April 1945. He was released from active duty on 20 March 1946. It appears he served with the Armed Forces Radio Service at least at the end of his service. His Report of Separation, WD AGO Form 53-55, shows that he was credited with the Naples-Foggia campaign.

A 21 June 1955 letter from David Sarnoff, Chairman of the Board, Radio Corporation of America (RCA) confirms that the applicant worked for him in Algiers in 1944 but does not mention the bombing incident.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action 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 appreciates the applicant’s services during World War II. However, his records are not available and he provides no corroborating evidence, such as his service medical records (which might be obtainable from the VA) or statements from witnesses specifically corroborating that he was wounded and treated, to show that he was wounded in action.

2. Regrettably, 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___ __mvt___ __wdp___ DENY APPLICATION



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




INDEX

CASE ID AR2001057202
SUFFIX
RECON
DATE BOARDED 20010724
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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