Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001057257C070420
Original file (2001057257C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 November 2001
         DOCKET NUMBER: AR2001057257


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

Mr. Carl W. S. Chun Director
Ms. Deyon D. Battle Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. Arthur A. Omartian Member
Mr. Curtis L. Greenway Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that he be awarded the Purple Heart. He also requests that the Army award him a 100 percent disability rating.

3. The applicant states, in effect, that while he was a prisoner or war (POW) a stone bruise developed on his left heel; that he dislocated his shoulder; that his digestive system was a real mess as a result of the food that he had to eat while he was a POW; that the platelet count in his blood is too low; and that he is suffering from post traumatic stress disorder.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records that show that he was inducted into the Army at the Presidio of Monterey, California, on 14 October 1943 and on 24 September 1944, he was transferred to the European Theater of Operations.

5. His awards include the Combat Infantryman Badge, the World War II Victory Medal, the Prisoner of War Medal, the American Campaign Medal, the Good Conduct Medal and the European-African-Middle Eastern Campaign Medal w/three Bronze Service Stars.

6. A review of the records shows that on 22 November 1944, the applicant was reported as missing in action. According to the missing in action report, a physical check of the applicant’s organization was made on 14 November 1944, after a strong enemy attack. After a lapse of 72 hours, during which time his name did not appear on any administrative and disposition sheet or graves registration reports, the applicant was listed as missing in action.

7. Information from the Hospital Admission Cards created by The Office of The Surgeon General shows that the applicant was hospitalized on 18 April 1945 and he was treated for nasopharyngitis and for cellulitis located on his heel. He was discharged from the hospital 13 days after his arrival.

8. On 4 June 1945, the applicant returned to the Continental United States. He was placed on a physical profile on 18 August 1945 as a result of an old bruise located on his left heel. He was told to avoid long marches.

9. He was honorably discharged on 6 December 1945 as a result of demobilization. He had completed 2 years, 1 month and 2 days of total active service.

10. A review of the records fails to show that the applicant was wounded or injured as a result of hostile action by enemy forces or that he had a medical condition severe enough to process him for separation through medical channels.

11. Army Regulation 600-8-22 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.

12. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

13. Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating.

CONCLUSIONS:

1. The Board has noted the applicant’s contention that he is entitled to the Purple Heart. However, the records clearly show that he was hospitalized for nasopharyngitis and for cellulitis located on his heel and there is no indication that his illnesses were the result of hostile action by enemy forces. Therefore, he is not entitled to the award of the Purple Heart.

2. The Board has also considered contentions regarding his desire to be awarded a 100 percent disability rating by the Army. However, there is no evidence of record that shows that he was unfit for further duty when he was discharged from the Army and that he should have been processed for discharge through medical channels.

3. However, in accordance with the applicable regulation the applicant should have been awarded the BSM based on his award of the CIB. Therefore, his records should be corrected to reflect that he is entitled to the BSM.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.




RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Bronze Star Medal for meritorious service during World War II, based on his award of the Combat Infantryman Badge.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__ao____ ___wtm__ __clg ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Walter T. Morrison____
                  CHAIRPERSON




INDEX

CASE ID AR2001057257
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/11/01
TYPE OF DISCHARGE
DATE OF DISCHARGE 1945/12/06
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2. 60 107.0014/BSM
3. 61 107.0015/PH
4. 177 108.0000/disability
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002066455C070402

    Original file (2002066455C070402.rtf) Auto-classification: Approved

    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. Hospital admission information for the year 1944, maintained by the OTSG, shows that the applicant was wounded in action in France in 1944, which entitles him to award of 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 Purple...

  • ARMY | BCMR | CY2006 | 20060012162

    Original file (20060012162.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 March 2007 DOCKET NUMBER: AR20060012162 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant provides: a. The applicant’s military records are not available to the Board for review.

  • ARMY | BCMR | CY2001 | 2001059735C070421

    Original file (2001059735C070421.rtf) Auto-classification: Approved

    There is no evidence of record available to the Board, and the applicant has provide no evidence, which shows he was injured or wounded due to hostile action during World War II. The Board notes the applicant’s contention that he should be awarded the Purple Heart for wounds received during World War II. However, evidence in the available records show that he was diagnosed as having a wound with no nerve or artery involvement to his abdomen which was a non-battle injury.

  • ARMY | BCMR | CY2001 | 2001056844C070420

    Original file (2001056844C070420.rtf) Auto-classification: Approved

    The available personnel records provide no evidence to show that the applicant was awarded or recommended for the award of the PH based on being wounded or injured in action against the enemy. Therefore, the Board is compelled to deny the applicant’s request for the PH. The available evidence confirms that the applicant was awarded the CIB for his combat service during World War II and as a result he is entitled to the BSM based on the regulatory criteria.

  • ARMY | BCMR | CY2002 | 2002067819C070402

    Original file (2002067819C070402.rtf) Auto-classification: Approved

    Item 34 (Wounds Received In Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “NONE.” There is no record that the applicant was awarded the Purple Heart and there are no medical records available. The evidence of record shows the applicant is entitled to the Bronze Star Medal based on award of the Combat Medical Badge. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing...

  • ARMY | BCMR | CY2010 | 20100010461

    Original file (20100010461.txt) Auto-classification: Approved

    A review of hospital admission data in the SGO files did not reveal any records indicating the FSM received a shrapnel wound to his knee or that he was otherwise wounded as a result of enemy action. The newspaper clipping shows the FSM was entitled to wear the insignia for the Meritorious Service Unit Plaque (later renamed the Meritorious Unit Commendation (MUC)) and was awarded the Army Good Conduct Medal, Purple Heart, Combat Infantryman Badge, and five battle stars. The applicant's...

  • ARMY | BCMR | CY2006 | 20060001722C070205

    Original file (20060001722C070205.doc) Auto-classification: Approved

    The applicant requests, in effect, that the Purple Heart and the Bronze Star Medal be added to his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge. Item 34 (Wounds Received in Action), of the applicant's WD AGO Form 53- 55, shows the entry, "None." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the European-African-Middle Eastern Campaign Medal from the applicant's WD AGO...

  • ARMY | BCMR | CY2004 | 2004106584C070208

    Original file (2004106584C070208.doc) Auto-classification: Denied

    The available evidence does support correcting the applicant's record to show award of the BSM as a result of his having received the CIB, and two bronze service stars to be worn on the EAME Campaign Medal. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the BSM and two bronze service...

  • ARMY | BCMR | CY2001 | 2001055150C070420

    Original file (2001055150C070420.rtf) Auto-classification: Approved

    The applicant requests that he be awarded the Purple Heart and the Bronze Star Medal (BSM). The evidence of record shows that the applicant was treated in an Army medical treatment facility in Arkansas for an eye disorder in July 1944. In view of the foregoing, the applicant’s records should be corrected as recommended below.

  • ARMY | BCMR | CY2010 | 20100019895

    Original file (20100019895.txt) Auto-classification: Approved

    The applicant states the FSM was wounded in combat on 21 October 1944 during World War II and he was issued a Certificate of Disability due to those wounds. Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding the FSM the Purple Heart for wounds received in action against the enemy during WWII on 21 October...