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Decision Text

ARMY | BCMR | CY2001 | 2001058048C070420
Original file (2001058048C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 August 2001
         DOCKET NUMBER: AR2001058048


         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
Mr. Paul A. Petty Analyst


The following members, a quorum, were present:

Mr. James E. Vick Chairperson
Mr. William D. Barr Member
Ms. Barbara J. Ellis 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, in effect, that he be awarded the Purple Heart.

3. The applicant states, in effect, that he was wounded during World War II but his discharge document does not list a Purple Heart.

4. The applicant’s military records show that he was inducted on 21 October 1942. He rose to the rank of Technical Sergeant. He was assigned to
Company B, 56th Armored Infantry Battalion, 12th Armored Division, while it was engaged in combat in France. He was awarded the Combat Infantryman Badge (CIB) on 11 December 1944 while assigned to this unit.

5. His enlisted record shows that he received a penetrating wound in the shoulder blades on 16 January 1945 in France. The Office of The Surgeon General Hospital Admission Card data base corroborates this information and adds that the wound was a battle casualty and that an operation was performed to remove fragments, potentially from an artillery shell.

6. The applicant received a battlefield commission to Second Lieutenant on or about 20 February 1945. He was discharge as a First Lieutenant on 20 March 1946.

7. According to AR 600-8-22, Military Awards, award of the Purple Heart is made to soldiers wounded, injured, or killed from an outside force or agent as a result of an action against an enemy or an act of any such enemy. The wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

CONCLUSIONS:

1. The applicant was wounded in battle and entitled to award of the Purple Heart.

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










RECOMMENDATION
:

That all of the Department of the Army records related to this case be corrected for the individual concerned by showing that he was awarded the Purple Heart and providing him with the medal.

BOARD VOTE:

__jv___ __wb____ ___be____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______James E. Vick___
                  CHAIRPERSON




INDEX

CASE ID AR2001058048
SUFFIX
RECON
DATE BOARDED 20010821
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015 – Purple Heart
2.
3.
4.
5.
6.


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