Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001057808C070420
Original file (2001057808C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 September 2001
         DOCKET NUMBER: AR2001057808

         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
Ms. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. John T. Meixell Member
Mr. Melvin H. Meyer 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: Award of the Purple Heart.

APPLICANT STATES: That he received a wound while crossing the Rhine River during combat in 1944.

EVIDENCE OF RECORD: The applicant's military records show he was inducted on 12 November 1943 as a field lineman (641). He served in the European-African-Middle Eastern Theater of Operations for over 10 months beginning on 21 January 1945. He continued to serve through a series of continuous reenlistments until he was placed on the Army of the United States Retired List in the pay grade of E-7 on 30 November 1963.

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) with a separation date of 23 November 1945 does not show the Purple Heart as an authorized award.

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. There also are no medical records to indicate that he was wounded as a result of hostile action.

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, 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, and it is concluded:

1. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during World War II. Therefore, he is not entitled to correction of his records to show the 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. 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

___ls__ __jm___ __mm___ DENY APPLICATION




                                   

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



INDEX

CASE ID AR2001057808
SUFFIX
RECON
DATE BOARDED 20010906
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19631130
DISCHARGE AUTHORITY AR
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 61
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2001 | 2001053039C070420

    Original file (2001053039C070420.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: This WD AGO Form 53-55 does not show the Purple Heart as an authorized award.

  • ARMY | BCMR | CY2002 | 2002070354C070402

    Original file (2002070354C070402.rtf) Auto-classification: Denied

    The WD AGO Form 53-55 (Enlisted Record and Report of Separation) contained in the applicant’s records, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. 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. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

  • ARMY | BCMR | CY2001 | 2001052167C070420

    Original file (2001052167C070420.rtf) Auto-classification: Denied

    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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is no evidence in the available records which show the applicant was awarded the Purple Heart or was wounded as a result of hostile action.

  • ARMY | BCMR | CY2003 | 2003084078C070212

    Original file (2003084078C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, correction of his military records to show award of the Purple Heart. The applicant authenticated his WD AGO Form 53-55, which did not show award of the Purple Heart or wounds sustained in action.

  • ARMY | BCMR | CY2002 | 2002079565C070215

    Original file (2002079565C070215.rtf) Auto-classification: Denied

    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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. However, this certificate is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded.

  • ARMY | BCMR | CY2001 | 2001064312C070421

    Original file (2001064312C070421.rtf) Auto-classification: Denied

    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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. Based on the foregoing, the Board determined that the applicant was not wounded as a result of hostile action therefore, there is insufficient evidence to award the Purple Heart for wounds sustained on 26 January 1945.

  • ARMY | BCMR | CY2002 | 2002081083C070215

    Original file (2002081083C070215.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: 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.

  • ARMY | BCMR | CY2002 | 2002078107C070215

    Original file (2002078107C070215.rtf) Auto-classification: Denied

    There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action. However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that the newspaper article...

  • ARMY | BCMR | CY2003 | 2003086811C070212

    Original file (2003086811C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, correction of his military records to show award of the Purple Heart. The Board considered the witness statement submitted by the applicant’s former unit member and determined that the statement does not contain sufficient evidence to justify award of the Purple Heart.

  • ARMY | BCMR | CY2001 | 2001064945C070421

    Original file (2001064945C070421.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: Correction of his military records to show award of the Purple Heart. There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action during World War II.