| Mr. Carl W. S. Chun | Director | |
| Mrs. Victoria A. Donaldson | Analyst |
| Mr. Raymond V. O'Connor | Chairperson | |
| Ms. Celia L. Adolphi | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: In effect, that he is eligible for award of the Purple Heart.
EVIDENCE OF RECORD: The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources.
The applicant's military records show that he entered Active Duty on 15 August 1942. He served in the African Theater from 22 June 1943 until 5 July 1945 and in the European Theater from 10 July 1943 until 10 September 1945. The applicant was honorably discharged on 29 September 1945.
The applicant's WD AGO 53-55, which is authenticated in his own hand, does not show award of the Purple Heart in item 33 (Decorations and Citations). Item 34 (Wounds Received in Action) of his WD AGO 53-55 shows the entry "None".
The applicant submitted a copy of WD AGO Form 284 (Request for Clinical Records) which shows that the applicant was hospitalized on 9 September 1943 in Naples, Italy, in September 1944 in Gienoble, France and 29 Jan 1945 until
14 February 1945 in France.
The applicant also submitted a 52a (Medical Department USA) which states in item 14 (Register number or hospital memoranda): "Wd [wound] Perforated inner aspect, thigh, lt [left] incurred at 0900 near Ingweiller, Fr, when soldier was unloading lumber and lumber pile slid on top of him. 26 Jan 45. LOD: Yes slight".
The applicant's records contained information from the Hospital Admission Cards created by the Office of the Surgeon General, Department of the Army. The type of case was listed as "2 non-battle injury."
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 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. The Board considered the applicant's request for award of the Purple Heart and reviewed the documents that he submitted. The Board also reviewed the available service records in this case.
2. The WD AGO 53-55 signed by the applicant at the time of his separation from the Army shows that he was not wounded in action and was not awarded the Purple Heart.
3. The Board noted that the Hospital Admission Cards show that the wound he received when a pile of lumber slid on him was a "non-battle injury".
4. Based on the foregoing, the Board determined that the applicant was not wounded as a result of hostile action therefore, there is insufficient evidence to award the Purple Heart for wounds sustained on 26 January 1945.
5. 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.
6. 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
___RVO_ _CLA _JTM DENY APPLICATION
| CASE ID | AR2001064312 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020228 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 107.0015.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001058892C070421
His discharge document shows the entry “None” in item 34 (Wounds Received in Action). There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.
ARMY | BCMR | CY2005 | 20050007884C070206
The applicant’s military records are not available to the Board for review. The contemporaneous medical evidence of record which shows the applicant was hospitalized for a perforated eardrum sustained during combat in August 1944 in France is accepted as sufficient evidence on which to base award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in...
ARMY | BCMR | CY2001 | 2001061581C070421
The Board notes that the applicant’s WD AGO Form 53-55 shows that he was wounded in action twice; however, the available medical evidence shows that the injury incurred in August 1944 was a non-battle injury (i.e., non-hostile action). In view of the foregoing, the applicant’s records should be corrected as recommended below. That all of the Department of the Army records related to this case be corrected by awarding the Purple Heart to the applicant for wounds received on 3 January 1945...
ARMY | BCMR | CY2006 | 20060005557C070205
The applicant’s military records are not available to the Board for review. The medical evidence of record and the Western Union telegram which show the applicant was wounded as a result of hostile action on 29 August 1944 are accepted as sufficient evidence on which to award a second award of the Purple Heart and amend his WD AGO Form 53-55 to show award of the Purple Heart with First Oak Leaf Cluster in this case. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2002 | 2002076696C070215
In the absence of evidence to explain either wounding, the Board will assume for purposes of correcting his records, that he was wounded on both 17 July and 8 August 1944, and award him a Purple Heart for each wound. Consequently, there is no basis for the Board to consider awarding him the POW Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart with 1 st Oak Leaf Cluster, for wounds...
ARMY | BCMR | CY2003 | 2003084311C070212
The applicant's WD AGO Form 53-55 shows the Bronze Star Medal and the Combat Medical Badge as authorized awards. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. That all of the Department of the Army records related to this case be corrected by showing that the individual...
ARMY | BCMR | CY2006 | 20060014061
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 April 2007 DOCKET NUMBER: AR20060014061 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant provides a copy of his personal military service record, dated 30 December 1945, which shows that he was wounded at Notre Dame DElle France on 28 July 1944. As a result, the Board recommends that all...
ARMY | BCMR | CY2006 | 20060006199C070205
The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. The medical evidence of record and the Western Union telegram which show the applicant was wounded as a result of hostile action on 31 July 1944 in France are accepted as sufficient evidence on which to award the Purple Heart.
ARMY | BCMR | CY2002 | 2002074180C070403
Therefore, he is entitled to correction of his records to show these service awards. Therefore, he is entitled to correction of his records to show these service awards. Therefore, the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.
ARMY | BCMR | CY2003 | 2003086200C070212
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: 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: