| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That her husband, a former service member (FSM) be awarded the Silver Star and the Purple Heart.
APPLICANT STATES: In effect, that her husband’s commander forgot to submit the recommendation for her husband to receive the Silver Star and the Purple Heart, because he was involved in the heat of battle. She also states that her husband mentioned many times that he was supposed to get the medals but would never apply for them himself because he was a very passive man who never wanted to draw attention to himself. She also states that her only proof is the scars on her husband’s leg that he received during the Normandy Invasion. In support of her application she submits a copy of her husband’s report of separation (WD AGO Form 53-55).
EVIDENCE OF RECORD: The FSM's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, the documents submitted by the applicant show:
He was inducted in Detroit, Michigan, on 30 November 1942 and departed for the European Theater of Operations (ETO) on 5 December 1943 for duty as a light truck driver. He participated in the Normandy, Northern France, Ardennes, Rhineland and Central Europe Campaigns.
He returned to the United States on 6 November 1945 and was honorably discharged at Camp Atterbury, Indiana, on 12 November 1945. At the time of separation, his WD AGO Form 53-55 indicated that he had no wounds received in action and that he was awarded the Bronze Star Medal, the American Theater Ribbon and the European-African-Middle Eastern Theater Ribbon with five bronze service stars. He was subsequently awarded the World War II Victory Medal. It is also noted that the FSM signed his report of separation.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound/injury was a result of hostile action, that the wound/injury must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.
That regulation also provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized. The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.
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 has failed to show through the evidence submitted with her application or the available evidence of record, that her husband was wounded/injured as a result of combat against an armed enemy of the United States or that he was treated for any such wounds. Accordingly, in the absence of evidence to the contrary, the Board must presume that the actions taken by the Army at the time, which were confirmed by the FSM’s signature at the time, were correct. Therefore, the Board finds no basis to award him the Purple Heart at this time.
2. Likewise, the Board finds no evidence to suggest that he was recommended for or should have been awarded the Silver Star. Therefore, there is no basis to award him the Silver Star.
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
___js____ ___lds___ ___jm___ DENY APPLICATION
| CASE ID | AR2001063235 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/03/21 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 53 | 107.0007/SS |
| 2. 61 | 107.0015/PH |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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