| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: Reconsideration of the former service member’s (FSM) earlier appeal to correct his military records by awarding him the Combat Infantryman Badge and the Purple Heart.
APPLICANT STATES: In effect, that a 28 March 1952 letter from the FSM’s division commander substantiates that he was entitled to the Combat Infantryman Badge. On behalf of the FSM, his nephew writes that these awards are very important to his uncle. He does not understand why the veterans’ service officer did not include the general’s letter in the first place.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records that were summarized in a decisional document prepared to reflect the Board's previous consideration of the case (AR2001050726) on 27 March 2001.
The submitted letter is new evidence that requires Board consideration.
The letter to the FSM reads:
I sincerely congratulate you upon successful completion of the Second Infantry Division Squad Leaders’ School.
The School has two major purposes: First, to develop your natural leadership qualities; and second, to impart much technical military information which will be useful while in command of any unit in combat.
You were selected by your Regimental Commander as one who can develop into an outstanding leader. This is a goal that is desirable of attainment in either the military or in civilian life. We hope the School will help you toward that end.
The tactical principles and techniques that were included in your course of instruction should be regarded as fundamental guides. They are not rules to be applied blindly. Each new situation will require an intelligent application of these principles to fit the specific mission, terrain, and enemy situation. There have been no tests or graded exercises in this course. The real test will come when you apply what has been learned in combat.
I extend best wishes for continued success upon your return to your unit and throughout your career.
A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). The availability of the information to the NPRC received considerable publicity by the various veteran service organizations. It was widely believed that these tapes would become a valuable substitute for the records lost in the NPRC fire of 1973. It is estimated that the SGO files document 95 percent of all hospitalized battle casualties from World War II and the Korean War. Searches of these files fail to show that the FSM was wounded or injured as a result of enemy action.
Army Regulation 600-8-22 and the awards regulation in effect at that time both provided three basic requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
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 submitted letter does nothing to show that the FSM met any of the requirements for the Combat Infantryman Badge. The infantry division would have had soldiers of many specialties; including, drivers, clerks, artillerymen, quartermasters and engineers. The school is not even described as an “infantry” school.
2. The submitted document does not address the question of entitlement to the Purple Heart.
3. The SGO Files fail to show that the FSM sustained an injury while in action against the enemy or as the result of enemy action.
4. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.
5. In view of the foregoing, there is no basis for granting the FSM's request.
DETERMINATION: The FSM has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_GDP___ __TAP___ ___MHM DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2001058976 |
| SUFFIX | |
| RECON | This applies only to ADRB |
| DATE BOARDED | 20020221 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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Item 32 (Battles and Campaigns), of the FSM's WD AGO Form 53-55, shows only the entry, "Germany." The FSM's WD AGO Form 53-55 shows, in Item 33 (Decorations and Citations), he received: the European-African-Middle Eastern Campaign Medal with one bronze service star; the Good Conduct Medal; the Purple Heart; the American Campaign Medal; and the World War II Victory Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2010 | 20100026952
The FSM's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.
ARMY | BCMR | CY2001 | 2001054911C070420
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. It provides that, if a...
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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 | CY2012 | 20120001370
The applicant requests that his records be corrected by show entitlement to the Purple Heart and Combat Infantryman Badge. 1 year, 11 months, and 10 days of creditable active duty service from 13 February 1952 through 1 February 1954; c. 1 year, 10 months, and 4 days of foreign service; d. award of the Korean Service Medal with two bronze service stars, United Nations Service Medal, and the National Defense Service Medal; e. his most significant duty assignment was with the Heavy Mortar...
ARMY | BCMR | CY2009 | 20090008731
The FSM's service record is not available for the Board's review. Notwithstanding the entry on his WD AGO Form 53-55 for the period ending 31 October 1945, the evidence shows that the FSM was hospitalized on two occasions - once to receive treatment for the gunshot wound he accidentally received and the second time for repair of an inguinal hernia. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the...
ARMY | BCMR | CY2010 | 20100029801
The applicant, the daughter of a former service member (FSM) to whom the FSM has given general power of attorney, requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the Purple Heart and to show he received wounds in combat. The FSM's military record is not available to the Board for review. Therefore, the Board requests that the Case Management Division administratively correct the records of the FSM by...
ARMY | BCMR | CY2006 | 20060010179
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant, as the widow of a deceased former service member (FSM), requests, in effect, that her husbands records be corrected to show he was wounded and to show award of the Purple Heart for wounds he received during World War II. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Bronze...
ARMY | BCMR | CY2006 | 20060003587C070205
The applicant provides copies of his WD AGO Form 100 (Army Separation Qualification Record), WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), a letter explaining the facts of the case, a Department of Veterans Affairs (VA) Authorization and Release of Information form, a 6 June 1994 Certificate of Honor from the Federation of French War Veterans, an enlargement of a photocopy of a Purple Heart medal on the left side of a Jewish War Veterans cap, the reverse...
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Stone | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. He was presented the Purple Heart in the Army Hospital in Oxford, England but it did not get entered on his discharge document, WD AGO Form 53-54 (Enlisted Record and Report of Separation – Honorable Discharge). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds...