| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Terry L. Placek | Member |
APPLICANT REQUESTS: Reconsideration of his request for award of the Purple Heart.
APPLICANT STATES: That he was a prisoner of war and was wounded by shrapnel after he was captured by the German Army on 17 December 1944. His Separation Qualification Record, WD AGO Form 100, shows that he received shrapnel wounds after being captured. He is service-connected for scars.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 7 June 2001 (docket number AR2001051881).
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 notes that the WD AGO Form 100 reflects that he was wounded by shrapnel. However, without substantiating evidence, such as contemporaneous VA documentation showing he is service-connected for scars resulting from shrapnel or shrapnel-like injuries, the Board believes that the overall merits of the case, including the latest arguments, are insufficient as a basis for the Board to reverse its previous decision.
2. 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
__lls___ __rwa___ __tlp___ DENY APPLICATION
| CASE ID | AR2001061299 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020108 |
| 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 | CY2003 | 2003083538C070212
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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the applicant's request for award of the Purple Heart to the FSM and noted the applicant's description of the FSM’s wounding.
ARMY | BCMR | CY2001 | 2001058880C070421
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...
ARMY | BCMR | CY2002 | 2002081690C070215
[The applicant's records provided by the National Personnel Records Center contained a DD Form 149 (Application for Correction of a Military Record), dated 6 April 1998 and signed by a Veterans Service Officer for the American Legion. In the discussion of the claim, the rating decision stated that service medical records were negative for evidence of a left hand injury during active military service. The Board considered the applicant's request for award of the Purple Heart as stated in...
ARMY | BCMR | CY2002 | 2002070114C070402
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...
ARMY | BCMR | CY2001 | 2001059659C070421
There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War (POW) Medal. Therefore, he is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this award.
ARMY | BCMR | CY2002 | 2002071827C070403
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...
ARMY | BCMR | CY2001 | 2001064239C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: As the widow of a deceased former service member (FSM), correction of her husband’s military records to show award of the Purple Heart. She contends that the FSM was treated for his shrapnel wounds and received the Purple Heart somewhere in Italy.
ARMY | BCMR | CY2002 | 2002079114C070215
There is no record that the applicant was awarded the Purple Heart. The applicant's medical records are unavailable for review by the Board. The letter from the DVA, Batavia Site, discusses a scar on the applicant's back and in their opinion felt that the applicant was eligible for award of the Purple Heart.
ARMY | BCMR | CY2002 | 2002081515C070215
The applicant's service medical records do not show treatment for wounds or injuries resulting from hostile action. 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. Therefore, he is entitled to correction of his records to show this award.
ARMY | BCMR | CY2002 | 2002077670C070215
APPLICANT REQUESTS: Correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart. 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. However, this medical documentation prepared almost 33 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the...