Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001060340C070421
Original file (2001060340C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 November 2001
         DOCKET NUMBER: AR2001060340

         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. Carolyn G. Wade Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Melvin H. Meyer Member
Ms. Regan K. Smith 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: That the award of the Purple Heart (PH) be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge).

APPLICANT STATES: That he was awarded the PH in Germany in 1945 for injuries he received during an enemy "buzz bomb" attack while on rest and recuperation (R&R) in Liege, Belgium in the spring of 1944.

In support of his application, the applicant submitted a copy of his WD AGO Form 53-55 and a notarized statement, dated 18 March 1966.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center (NPRC) fire of 1973. Information herein was obtained from the applicant's WD AGO Form 53-55 and hospital admission card data files created by the Office of the Surgeon General (OTSG).

He was inducted in the Army of the United States on 14 March 1941. Following completion of all military training, he was awarded military occupational specialty (MOS) 734, Truck Driver, Heavy and transferred to the European Theater of Operations (ETO) in December 1942. He served in the ETO until he was returned to the United States for discharge.

An OTSG hospital admission card for the year 1944 indicates the applicant's only medical treatment in 1944 occurred in March when he was treated for Myositis. Myositis is an illness involving chronic muscle inflammation.

The applicant returned to the United States on 9 June 1945. On 15 June 1945, the applicant was honorably discharged under the provision of Army Regulation 615-365 for the convenience of the government - demobilization. He was credited with 4 years, 3 months, and 2 days of creditable military service. His WD AGO 53-55 shows that he participated in the following campaigns: Northern France, Normandy, Germany, and Morocco. It also shows he was awarded the following awards and decorations: Bronze Star Medal, American Defense Service Medal, Good Conduct Medal, European-African-Middle Eastern Campaign Medal (4 Bronze Stars).

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was 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. There is no evidence in the available records, nor has the applicant provided any, to indicate that he was awarded the PH as a result of hostile actions while on R&R in Belgium. Without such evidence, the Board cannot recommend award of the PH. Additionally, the applicant’s WD AGO Form 53-55 reflects "none" in Block 34 (Wounds Received in Action).

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

_JLP____ __MHM__ ___RKS_ DENY APPLICATION




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




INDEX

CASE ID AR2001060340
SUFFIX
RECON
DATE BOARDED 20011120
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19450615
DISCHARGE AUTHORITY AR 615-365
DISCHARGE REASON Convenience of Govt-demobilization
BOARD DECISION DENY
REVIEW AUTHORITY Director
ISSUES 1. 107.0014
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | DRB | CY2005 | 20050011815

    Original file (20050011815.doc) Auto-classification: Approved

    John M. Moeller | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. This case is being considered using reconstructed records, which primarily consist of the applicant’s WD AGO Form 53-55 and an OTSG Hospital Admission Record for 1944. By regulation, in order to support award of the PH, there must be evidence showing the wound for which the award is being made was received as a direct result of, or caused by enemy action,...

  • ARMY | BCMR | CY2004 | 20040008696C070208

    Original file (20040008696C070208.doc) Auto-classification: Approved

    Yolanda Maldonado | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. By regulation, in order to support awarding a member the PH, it is necessary to establish that the member was wounded in action, treated for the wound received in action and the record of this treatment must have been made a matter of official record. The OTSG Hospital Admission Record and TAG notification letters confirm the applicant was wounded in action...

  • ARMY | BCMR | CY2001 | 2001060477C070421

    Original file (2001060477C070421.rtf) Auto-classification: Approved

    The applicant’s military records were not available to the Board for review. Also on file is a military record finding report from the National Archives and Records Administration (NARA), dated 1 August 2001. The Board also finds the available evidence confirms that the applicant served with the 507 th Parachute Infantry Regiment in the ETO and that the unit listed in his separation document was likely a transitional unit to which he was assigned for movement and processing prior to his...

  • ARMY | BCMR | CY2006 | 20060016379C071029

    Original file (20060016379C071029.doc) Auto-classification: Denied

    It states, in pertinent part, that in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by military medical personnel, and a record of this medical treatment must have been made a matter of official record. However, by regulation, in order to support award of the PH, there must be evidence a member was wounded/injured in action, was treated for the wound/injury by...

  • ARMY | BCMR | CY2004 | 20040000155C070208

    Original file (20040000155C070208.doc) Auto-classification: Approved

    It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the ETO. By regulation, in order to support awarding a member the PH, it is necessary to establish that the member was wounded in action, treated for the wound received in action and the record of this treatment must have been made a matter of official record. The medical treatment record (Form 52a) and OTSG Hospital Admission Record on file...

  • ARMY | BCMR | CY2007 | 20070005936C071029

    Original file (20070005936C071029.doc) Auto-classification: Approved

    The applicant requests, in effect, award of the Purple Heart (PH) and correction of his record to include all awards to which he is entitled based on his World War II service. The applicant’s military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal 1st Oak Leaf Cluster for his exemplary conduct in ground combat against an armed...

  • ARMY | BCMR | CY2006 | 20060012743C071029

    Original file (20060012743C071029.doc) Auto-classification: Approved

    The evidence of record includes military medical treatment records and OTSG Hospital Admission Records confirming that the applicant was hospitalized and treated for trench foot, deafness, and psychoneurosis/anxiety while on active duty. The applicant's military record is void of any entries or medical treatment records that indicate he received and/or was treated for a shrapnel wound while serving on active duty. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2003 | 2003083963C070212

    Original file (2003083963C070212.rtf) Auto-classification: Approved

    The Board considered the following evidence: Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AOM is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location. The applicant served in the ETO between 5 August 1944 and 29 December 1945 and was awarded the European-African-Middle Eastern Campaign Medal.

  • ARMY | BCMR | CY2001 | 2001060346C070421

    Original file (2001060346C070421.rtf) Auto-classification: Approved

    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 FSM’s military records were not available to the Board for review. In the opinion of the Board, the confirmation that the FSM was wounded in action in November 1944, as a result of a shell blast, in the line of duty contained in the WD AGO Form 38, dated 11 August 1945, more than sufficiently satisfies the...

  • ARMY | BCMR | CY2003 | 2003089153C070403

    Original file (2003089153C070403.rtf) Auto-classification: Approved

    Further, there are no other orders or other documents on file that show the applicant was wounded in action on any other date, to include 3 January 1945, or that he was ever awarded a second PH. The evidence of record confirms that the applicant was awarded the PH, for wounds he received as a result of enemy action on 4 January 1945, in Belgium. Although the PH entry in Item 33 of his WD AGO Form 53-55 indicates it was awarded with cluster, GO #35, the source authority for this entry, only...