Mr. Carl W. S. Chun | Director | |
Ms. Wanda L. Waller | Analyst |
Mr. Fred N. Eichorn | Chairperson | |
Mr. Ted S. Kanamine | Member | |
Mr. John T. Meixell | Member |
APPLICANT REQUESTS: Correction of his military records to show award of the Purple Heart.
APPLICANT STATES: In effect, that he was wounded in April 1945 in Luzon. He contends that his eardrum ruptured during an artillery attack in the jungles of Luzon. In support of his application, he submits a copy of his WD AGO Form
53-55 (Enlisted Record and Report of Separation); a letter of Commendation, dated 11 June 1945; and a document titled, “WORLD WAR II.”
EVIDENCE OF RECORD: The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 29 September 1942. He served as an instrument operator in the Asiatic-Pacific Theater of Operations from 17 July 1943 until approximately 28 November 1945. The applicant was honorably discharged on
4 December 1945.
The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on the WD AGO Form 53-55 states, “None.”
There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
Army Regulation 600-8-22 (Military Awards) 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. There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action during World War II.
2. The applicant signed his discharge document on 4 December 1945 attesting to the fact that he was not wounded in action and was not entitled to the Purple Heart. Therefore, there is no evidence upon which to base award of the Purple Heart.
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____ TSK_____ JTM_____ DENY APPLICATION
CASE ID | AR2001064945 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020110 |
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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