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ARMY | BCMR | CY2001 | 2001062057C070421
Original file (2001062057C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 7 February 2002
         DOCKET NUMBER: AR2001062057

         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. Joyce A. Hall Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Margaret K. Patterson Member
Mr. Lester Echols 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: In effect, award of the Purple Heart (PH).

APPLICANT STATES: In effect, that he was wounded by penetrating gunshots to his abdomen, his neck and his right calf. His Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) does not reflect the award of the PH.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information available to the Board was obtained from a reconstructed record and show that he was inducted on 11 December 1941. He served in the European-African-Middle Eastern (EAME) Theater of Operations for the period 20 April 1944 to
27 December 1945 and was honorably discharged on 23 January 1946.

The applicant’s WD AGO Form 53-55, item 32 (Battles and Campaigns) shows that he participated in 4 campaigns (Rome Arno, (Southern) France, Rhineland and Central Europe). Item 33 (Decorations and Citations) shows he was awarded the American Theater Campaign Medal, the EAME Campaign Medal w/4 Bronze Stars, the Army Good Conduct Medal, the World War II Victory Medal, the Meritorious Unit Award and the World War II Lapel Button. It does not show the PH as an authorized award.

Item 34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “None”. It also shows that the applicant was discharged/separated from the 68th Evacuation Hospital. There is no record that the applicant was awarded the PH. There also is no indication that he was wounded as a result of hostile action. The applicant’s medical records are unavailable.

The Office of the Surgeon General Hospital Admission Cards shows that the applicant was admitted/treated in February 1944 at Camp Cooke, California. The report shows he was admitted for wound(s), abraded (includes friction burns) and for acute bronchitis.

Army Regulation 600-8-22 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 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 of record available to the Board, and the applicant has not provided any evidence, which shows he was wounded due to hostile action during World War II. Therefore, without official documented evidence, the applicant is not entitled to award of the PH. However, if the applicant can provide substantiated evidence such as official documented medical evidence that his wounds were caused by hostile action he may reapply.

2. The Board noted the Hospital Admission Records of the Surgeon General of the Army for the year 1944 show that the applicant was admitted/treated in February 1944 for wound(s). The Board also noted that the applicant’s admission to the hospital was prior to his arrival to the EAME.

3. 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.

4. 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

__fne___ __mkp___ ___le___ DENY APPLICATION



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




INDEX

CASE ID AR2001062057
SUFFIX
RECON
DATE BOARDED 20020207
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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