| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Shirley L. Powell | Chairperson | |
| Mr. Allen L. Raub | Member | |
| Mr. Thomas E. O’Shaughnessy, Jr. | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: That he was shot in the left calf on 14 December 1945 in Gorizia/Trieste, Italy. Military doctors applied a few stitches and he was released. Other American soldiers had been killed. He provides as supporting evidence two medical documents, dated 14 September 2000 and 17 October 2000, indicating that an MRI revealed a metallic foreign body in the area of his left knee.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.
The applicant was inducted into the Army on 16 May 1945. He arrived in the Mediterranean Theater of Operations on 31 October 1945. He departed the Mediterranean Theater of Operations on 29 November 1946 and was separated on 7 January 1947.
Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.
Hostilities in Europe ended with the formal surrender of Germany on 8 May 1945.
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 applicant provides no explanation of who shot him but the time frame suggests he was not shot in an action against a designated “enemy” of the United States. He is not eligible for award of the Purple Heart even if his service medical records were available to show he was treated by a military doctor.
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
__slp___ __alr___ __teo___ DENY APPLICATION
| CASE ID | AR2001061900 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011023 |
| 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 | CY2004 | 2004104140C070208
The applicant requests, in effect, reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart. It is new evidence; therefore, the Board must consider it. According to counsel, the applicant was wounded while on a peacekeeping mission in Italy and therefore, he should meet the criteria for award of the Purple Heart.
ARMY | BCMR | CY2003 | 03094935C070212
The applicant requests that the records of his father, a deceased former service member, be corrected to show award of the Purple Heart and Silver Star. The former service member’s military records are not available to the Board for review. Evidence shows that the service member’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2001 | 2001056293C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: Accidental injuries, even though they may occur in a combat zone, that are not directly attributable to an act of the enemy, are not considered wounds received in action and do not entitle the individual to the Purple Heart.
ARMY | BCMR | CY2004 | 20040007074C070208
The applicant provides, as new evidence, a sworn statement dated 7 June 1989; a note dated 6 May 1945; an AGRAC Form 1-313 (Statement of Medical History); an extract from Title 38, U. S. Code, section 1154; a copy of a personal letter dated 22 January 1945; a copy of a personal letter dated 31 March 1945; a copy of a personal letter dated 25 December 1945; a VA Request for Army Information; a Statement of Medical History; a note dated 19 January 1949; a note dated 19 March 1947; a note dated...
ARMY | BCMR | CY2001 | 2001060411C070421
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 | CY2003 | 2003083513C070212
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. 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...
ARMY | BCMR | CY2004 | 20040002660C070208
The Army of Occupation Medal is awarded for service in Italy between 9 May 1945 and 15 September 1947. The evidence shows that the applicant’s record contains administrative error that does not require action by the Board. The Case Management Support Division in St. Louis is requested to correct the applicant’s records to show award of the World War II Victory Medal and the Army of Occupation Medal with Germany and Japan clasps.
ARMY | BCMR | CY2005 | 20050002260C070206
The applicant also contends that the clinical record shows the award, referring to the printed entry on the clinical record (i.e., "Purple Heart Awarded:"). There is no evidence the applicant was awarded the Purple Heart. The Board further determined that the evidence presented for award of the Purple Heart for a wound to the applicant's left leg does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2013 | 20130009025
The FSM's military service records are not available to the Board for review. There is no evidence in the available military service records that shows the FSM was awarded the Purple Heart. The applicant contends the FSM's records should be corrected to show he was wounded in action and that he was awarded the Purple Heart based on the entry "GO33WD45: New Guinea" in item 32 of the FSM's WD AGO Form 53-55.
ARMY | BCMR | CY2002 | 2002067060C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In the April 1945 letter the applicant wrote to his spouse, and submitted as evidence in support of his request to the Board, he wrote: The applicant returned to the United States in August 1945 and on 27 October 1945 he was discharged as a result of demobilization.