| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Raymond V. O’Connor | Chairperson | |
| Mr. John P. Infante | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: Correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.
APPLICANT STATES: In effect, that he was wounded several times during World War II. In support of his application, he submits a copy of his WD AGO Form 53-55 and a Veterans Administration (VA) letter, dated 24 March 1949.
COUNSEL CONTENDS: The Disabled American Veterans, as counsel for the applicant, was notified of the applicant’s pending review by the Board; however, no brief was submitted.
EVIDENCE OF RECORD: The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 19 October 1943. He served as a construction worker in the European Theater of Operations from 29 June 1944 through 5 March 1946 and was honorably discharged on 20 March 1946.
The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on the WD AGO Form 53-55 shows the entry “None”.
There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 2 November 1944 in the European Theater of Operations for a non-battle injury to his face, chin and forearm sustained as a result of a gunshot wound (rifle bullet).
The applicant provided a letter from the VA, dated 24 March 1949, which shows the applicant was awarded service connected disability compensation for gunshot wound scars with retained foreign body to his right arm which were incurred or aggravated during his war service. The VA document does not indicate the wound scars were the result of hostile action, the date of the alleged wounding or medical treatment provided.
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.
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, it is concluded:
1. The Board considered the applicant’s contention that he was wounded several times during World War II. The Board also considered the VA documentation provided by the applicant in support of his claim for award of the Purple Heart. However, medical evidence of record shows the applicant was hospitalized on 2 November 1944 for a non-battle injury to his face, chin and forearm sustained as a result of a gunshot wound (rifle bullet).
2. There is no evidence of record which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.
3. The applicant signed his discharge document on 20 March 1946 attesting to the fact that he was not wounded in action and was not entitled to the Purple Heart. Therefore, there is no evidence upon which to base award of the Purple Heart to the applicant.
4. 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.
5. 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
RVO____ JPI_____ WDP_____ DENY APPLICATION
| CASE ID | AR2001060581 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011129 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090004772
Counsel requests reconsideration of the applicant's earlier request for correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart. h. Medical document, dated 19 December 1944, shows the following entries: (1) the applicant was WIA (wounded in action) by shell fragments to his chin and right shoulder incurred due to enemy action in combat on 2 November 1944 near Stohlberg, Germany, as per his statement; (2) the applicant suffered a rifle...
ARMY | BCMR | CY2012 | 20120003635
The applicant's military records are not available to the Board for review. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was inducted into the Army of the United States on 4 August 1943 and he entered active duty in New York City, NY, on 24 August 1943. Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or...
ARMY | BCMR | CY2006 | 20060010860
The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a letter from the National Archives at College Park, Maryland; his Honorable Discharge Certificate, dated 28 April 1949; a letter dated 30 March 2006, from the Army Review Boards Agency, St. Louis, Missouri; his DD Form 149 (Application for Correction of Military Record) and Record of Proceedings; his Department of Veterans Affairs (DVA) Decision Review Officer Decision, dated 16 February 2005;...
ARMY | BCMR | CY2014 | 20140002054
The applicant provides: * Self-authored letter, dated 15 January 2014 * WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), dated 20 December 1945 * Letter to the President from an unknown individual, dated 26 December 2013 CONSIDERATION OF EVIDENCE: 1. Item 34 (Wounds Received in Action) on the WD AGO Form 53 (Enlisted Record and Report of Separation-Honorable Discharge) shows "None." There is no evidence in the available records and the letter by the unknown...
ARMY | BCMR | CY2001 | 2001062484C070421
Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It also shows that the unit was awarded campaign credit for Northern France and Ardennes-Alsace during the period of the applicant's service. ...
ARMY | BCMR | CY2010 | 20100022147
The applicant provides copies of the following documents: * his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * his Honorable Discharge Certificate * two statements from his former first sergeant (1SG) and a former squad member * a handwritten paper showing he was WIA (Wounded in Action) * a WD AGO Form 1 (Morning Report) * a map of the 28th Infantry Regiment's movement in Germany CONSIDERATION OF EVIDENCE: 1. The applicant sustained gunshot wounds to...
ARMY | BCMR | CY2001 | 2001058974C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. WD AGO Form 106 shows that on 21 April 1946 the applicant submitted a claim to The Adjutant General for the Purple Heart on the basis that he “was wounded in the left hand. Rating decision papers from the VA show that the applicant was awarded disability as a result of a gunshot wound of the left hand which was determined to have been incurred in service during World War II.
ARMY | BCMR | CY2011 | 20110023803
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The applicant's military records are not available to the Board for review. Regrettably, notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel...
ARMY | BCMR | CY2009 | 20090002175
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service) to show award of the Good Conduct Medal, the American Campaign Medal, the World War II Victory Medal, the Combat Infantryman Badge and/or the Bronze Star Medal. The evidence of record shows that the applicant served a qualifying period for award of the World War II Victory Medal and the American Campaign Medal, neither of which is shown on his WD AGO Form 53-55; therefore,...
ARMY | BCMR | CY2007 | 20070003859C071029
The applicant’s military records are not available to the Board for review. The available evidence of record shows the applicant served in five campaigns and is therefore authorized to wear one silver service star on his European-African-Middle Eastern Campaign Medal. As a result, the Board recommends that the WD AGO Form 53-55 of the individual concerned be corrected by: a. deleting the entry “European-African-Middle Eastern Service Medal”; and b. adding the POW Medal, the American...