Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001060812C070421
Original file (2001060812C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 8 January 2002
         DOCKET NUMBER: AR2001060812


         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. Vic Whitney Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Roger W. Able Member
Mr. Terry L. Placek 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 that he be awarded the Purple Heart.

3. The applicant states that he just found out it was possible to correct his records.

4. The applicant’s military records show that he served on active duty as a cavalry lieutenant from 9 January 1943 to 5 September 1945. He served in the European Theater of Operations from 10 January 1944 to 21 January 1945.

5. The Purple Heart is not shown as an authorized award on his WD AGO Form 53-98 (Report of Separation) and block 34 (Wounds) states “Deafness in right ear 26 Jul 44, Lacerated wound in right leg and left leg 21 Aug 44.”

5. The available military medical records state that his right ear deafness was caused secondary to a concussion from enemy mortar fire in France. The leg injuries were associated with a jeep accident.

6. Army Regulation 600-8-22 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States. The wound must have required medical treatment, and the medical treatment must have been made a matter of record.

CONCLUSIONS:

1. There is sufficient evidence of record to show that the applicant suffered a concussion from an enemy mortar explosion while in combat with the enemy on 26 July 1944, in France. He is entitled to an award of the Purple Heart.

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




RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was wounded in action against the enemy in France on 26 July 1944, and entitled to the award of the Purple Heart.

BOARD VOTE:

_tlp_____ __lls___ _rwa____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Luther L. Santiful
                  ______________________
                  CHAIRPERSON





INDEX

CASE ID AR2001060812
SUFFIX
RECON
DATE BOARDED 20020108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2013 | 20130007494

    Original file (20130007494.txt) Auto-classification: Denied

    A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. Furthermore, there is no evidence showing he ever required medical treatment or received medical treatment for a concussion or other ear conditions. The evidence shows the applicant's records contain an administrative error which does not require action by the Board.

  • ARMY | BCMR | CY2010 | 20100009290

    Original file (20100009290.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a “wound” was defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. In the absence of...

  • ARMY | BCMR | CY2003 | 03099833C070212

    Original file (03099833C070212.doc) Auto-classification: Approved

    On 25 April 2001 the Military Awards Branch of the Total Army Personnel Command (PERSCOM) informed a Member of Congress that the historical records of the 399th Infantry Regiment and the 100th Infantry Division for the World War II era failed to show award of the Purple Heart for Mr. C," a former comrade of the applicant, who was allegedly wounded in action by the same explosion that resulted in the applicant's wounds. Notwithstanding the contemporary medical report, there is no...

  • ARMY | BCMR | CY2013 | 20130021515

    Original file (20130021515.txt) Auto-classification: Denied

    He and his sergeant were wounded when a shell exploded sending him and his sergeant back into the trenches. The applicant provides Congressional correspondence and the following previously-considered and/or available documents: * Self-authored summary of service highlights * Letters from fellow Soldiers * Certificate showing another Soldier was awarded the Purple Heart * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) * Honorable Discharge Certificate *...

  • ARMY | BCMR | CY2003 | 03093774C070212

    Original file (03093774C070212.doc) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant’s military records are not available to the Board for review. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.

  • ARMY | BCMR | CY2007 | 20070012383

    Original file (20070012383.txt) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. Two witness statements stated, in effect, that they saw the applicant with blood near his ear and that they recall being in the vicinity when enemy artillery shells or concussion grenades exploded near them. As a result, the Board recommends that the WD AGO Form 53-55 of the individual concerned with a separation date of 1 December 1945 be corrected: a. by showing award of the Bronze Star Medal; b. by showing award...

  • ARMY | BCMR | CY2001 | 2001060335C070421

    Original file (2001060335C070421.rtf) Auto-classification: Denied

    EVIDENCE OF RECORD : The applicant's military records show: However, medical evidence of record, dated 1945, shows the applicant had a history of deafness in his right ear since childhood, that the cause of his severe right ear conductive deafness was undetermined and that he had a history of trauma prior to his service in Korea. However, there is no evidence of record available to the Board which shows he was wounded or treated for wounds as a result of hostile action in Korea.

  • ARMY | BCMR | CY2001 | 2001063165C070421

    Original file (2001063165C070421.rtf) Auto-classification: Approved

    The battalion surgeon (a captain) directed that the applicant be evacuated to the 249 th General Hospital with a concussion puncture of the left ear with mild Otitis Media. While the majority of the available records show that the cause of the applicant’s injury was undetermined and that his condition existed prior to his service, the letter from the battalion surgeon clearly states that he had a concussion injury and that his ear-drum was punctured. While the available records do not...

  • ARMY | BCMR | CY2004 | 04104212C070208

    Original file (04104212C070208.doc) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. There is sufficient evidence to conclude that the applicant did sustain a concussion injury, as a result of enemy action on 30 June 1944 while in France, and as such is entitled to the Purple Heart and to have the wound information reflected in item 34 on his separation document. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him...

  • ARMY | BCMR | CY2001 | 2001059663C070421

    Original file (2001059663C070421.rtf) Auto-classification: Approved

    The applicant requests, in effect, correction of his military records to show award of the Purple Heart, the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Distinguished Unit Citation, a Meritorious Unit Commendation and the Belgian Fourragere. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Purple Heart, the Combat Infantryman Badge, the Bronze...