Mr. Carl W. S. Chun | Director | |
Mr. Vic Whitney | Analyst |
Ms. Joann Langston | Chairperson | |
Mr. Richard T. Dunbar | Member | |
Mr. Raymond J. Wagner | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: That he received a shrapnel wound about March 1945, while serving in a heavy maintenance tank company. He was in a field hospital for 3 to 4 days then a general hospital for 4 to 5 days. He submits a Veterans Administration Form 10-1000 (Discharge Summary) in support of his application.
EVIDENCE OF RECORD: The applicant's military personnel records were lost or destroyed in the 1973 fire at the National Personnel Records Center. His WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he was inducted and served in the Enlisted Reserve Corps from 22 December 1943 to 11 January 1944. He entered active duty on 12 January 1944 and served as a small arms weapons mechanic.
The applicant served in the European Theater from 16 February to 10 August 1945. Block 34 (Wounds) of his WD AGO Form 53-55, which he authenticated with his signature, states “None.” He was separated as a result of demobilization on 19 April 1946. His authorized awards do not include the Purple Heart. The Board notes that he was not credited with participation in the Rhineland Campaign and will ensure that this is administratively corrected for the applicant.
The applicant’s military medical records appear to be intact and are available for review. A supplemental medical record, dated 22 April 1945, shows that he was treated at the battalion aid station for an undiagnosed disease with malaise, fever, diarrhea, and vomiting. He was transferred to the 124th Evacuation Hospital. At that hospital he was diagnosed with gastro-enteritis, acute, and further evacuated to the 46th Field Hospital. On 24 April 1945, he arrived at the 298th General Hospital. He was discharged to duty on 30 April 1945 with a final diagnosis of enterocolitis, acute.
The applicant’s 18 April 1946 Report of Physical Examination, conducted the day prior to his separation, fails to show any entries concerning a wound or injury as a result of enemy action. The only significant medical condition listed was a 1943 operation for varicose veins.
The VA Form 10-1000 submitted by the applicant shows a past surgical history of shrapnel removed from the right knee. No other details are provided.
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 by a medical officer, and the medical treatment must have been made 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. A careful review of the applicant’s available medical records fail to support his contention that he was wounded in combat and entitled to an award of the Purple Heart.
2. The VA Form 10-1000 is insufficient documentation by itself to show that the applicant was wounded in combat. There are no military medical records to corroborate a shrapnel wound to the right knee.
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.
NOTE: The Army Review Boards Agency Support Division will be asked to administratively correct the applicant’s records to show entitlement to Rhineland campaign participation.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__jl___ ___rd___ __rw___ DENY APPLICATION
CASE ID | AR2001063334 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020226 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 107.00 |
2. | |
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