| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Ms. Gale J. Wire | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart (PH) and that his separation document (WD AGO Form 53-5) be corrected to show he was wounded in action.
APPLICANT STATES: In effect, that he was actively involved in ground combat with the enemy and when trying to take cover from enemy automatic rifle fire, his rifle discharged and he was wounded. He further states that his separation document does not list the PH or that he was wounded in action. In support of his application, he refers to a Veterans Claim Number 376/271, but he does not provide the claim documentation.
EVIDENCE OF RECORD: The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. The information herein was gleaned from a copy of the applicant’s WD AGO Form
53-55 and an Army Surgeon General Office hospitalization file listing from the Office of The Surgeon General (OTSG), Department of the Army (DA), covering the period 1942 through 1945.
The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army and entered active duty on 4 May 1944. He continuously served on active duty for 2 years and 17 days until being honorably separated, in the rank of sergeant (SGT) on 19 May 1946. This document also shows that he participated in the Rhineland campaign of World War II, and that he earned the following awards during his tenure on active duty: Combat Infantryman Badge; Expert Marksmanship Badge (Rifle); World War II Victory Medal, European-African-Middle Eastern Service Medal with 1 bronze service star, Good Conduct Medal; and Meritorious Unit Award.
The applicant’s separation document does not include the PH in the list of authorized awards contained in Item 33 (Decorations and Citations) and Item 34 (Wounds Received in Action) contains the entry “None”, indicating he was not wounded in action during his active duty tenure.
The OTSG hospital admission card record pertaining to the applicant, dated
18 December 2001, confirms that he was admitted to the hospital in the ETO on
17 November 1944, and treated for a non-battle injury. The diagnosis was a compound fracture, with no nerve or artery involvement, and emotional instability.
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 notes the applicant’ s contention that he was wounded in action and should be awarded the PH. However, it finds insufficient evidence to support this claim. By regulation, in order to support awarding a PH it must be shown that a member was wounded in action, was treated for this wound by military medical personnel, and this treatment was made a matter of official record.
2. While the Board wishes to congratulate the applicant on his outstanding World War II service, the available evidence confirms that he was treated for an compound fracture injury to his toe caused by a bullet and emotional instability and categorized as a non-battle casualty. Lacking independent evidence to show this injury was received in action, the Board is compelled to deny the requested relief.
3. 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
___INW__ __RJW__ __GJW___ DENY APPLICATION
| CASE ID | AR2001065618 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/03/12 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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There is no information or documentation on file that indicates the applicant was ever wounded as a result of enemy action, or that he was ever treated for a battle related wound or injury while serving on active duty. Further, the PH is not included in the list of awards contained in Item 33 of the applicant's separation document, and Item 34 contains the entry "None", which indicates he was never wounded in action. Records show the applicant should have discovered the alleged error...
ARMY | BCMR | CY2005 | 20050007632C070206
Karmin S. Jenkins | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. By regulation, in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action. The medical evidence confirms the injury the applicant received was non-battle related, and his separation document contains an entry confirming he was never wounded in action.
ARMY | BCMR | CY2003 | 2003087536C070212
It states, in pertinent part, that the PH is authorized to members who are wounded in action. The evidence of record includes an entry in Item 34 of the applicant’s WD AGO 53 that indicates he was wounded in action and an OTSG Hospitalization Record that confirms he was treated for a combat related wound at a medical facility in the Southwest Pacific on 11 May 1945. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the...
ARMY | BCMR | CY2004 | 20040008696C070208
Yolanda Maldonado | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. By regulation, in order to support awarding a member the PH, it is necessary to establish that the member was wounded in action, treated for the wound received in action and the record of this treatment must have been made a matter of official record. The OTSG Hospital Admission Record and TAG notification letters confirm the applicant was wounded in action...
ARMY | BCMR | CY2009 | 20090018064
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) by adding the Purple Heart (PH), European-African-Middle Eastern Campaign Medal (EAME), Army Good Conduct Medal (AGCM), and World War II Victory Medal; and by documenting his Prisoner of War (POW) status. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2006 | 20060008440
The Board considered the following evidence: Exhibit A - Application for correction of military records. The FSM's military records are not available to the Board for review. Item 33 (Decorations and Awards) of the FSM's separation document shows he earned the following awards during his active duty tenure: European-African-Middle Eastern (EAME) Campaign Medal with 1 bronze service star; Army Good Conduct Medal (AGCM); and American Theater Medal.
ARMY | DRB | CY2005 | 20050011815
John M. Moeller | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. This case is being considered using reconstructed records, which primarily consist of the applicant’s WD AGO Form 53-55 and an OTSG Hospital Admission Record for 1944. By regulation, in order to support award of the PH, there must be evidence showing the wound for which the award is being made was received as a direct result of, or caused by enemy action,...
ARMY | BCMR | CY2005 | 20050006402C070206
LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that the FSM’s separation document (WD AGO Form 53-55) contains the entry “AP Theater 24 Mar 44” in Item 34 (Wounds Received in Action), and that while the FSM was hospitalized for his war wounds, the PH was awarded to him by a general officer (GO). As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2009 | 20090008250
However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record. The applicant's NPRC file is void of any order or other documents that show he was ever wounded in action, treated for a combat-related wound by military medical personnel, or...
ARMY | BCMR | CY2005 | 20050009240C070206
By regulation, in order to support award of the PH, there must be evidence to show a member was wounded in action, was treated for the wound and a record of this treatment must have been made a matter of official record. Given that the record confirms the applicant was wounded in action on 14 June 1944, while serving in Myitkyina, Burma, it would be appropriate to award him the PH at this time. As a result, the Board recommends that all Department of the Army records of the individual...