| Mr. Carl W. S. Chun | Director | |
| Ms. Deyon D. Battle | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Mark D. Manning | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: Correction of her late husband’s military records to show his entitlement to the Purple Heart.
APPLICANT STATES: That her husband had a shrapnel wound in his left inner leg above his knee while he was in the Army and he went behind the lines to receive medical treatment. She states that some of the shrapnel was never removed because her husband wanted to return to the front line to fight with his unit. She further states that her husband always said that he did not want the Purple Heart; however, the wounds were annotated in his medical records. She continues by stating that she does not want any money and that all she wants is the Purple Heart that she believes he deserves. She concludes by stating that she recently saw a soldier who was awarded the Purple Heart for frozen feet, after many years of effort and that her husband not only served his country, he worked for the United States Postal Service for 30 years after his discharge from the Army. In support of her appeal she submits a copy of a certificate awarding her husband the Bronze Star Medal, a copy of a map that shows the route of march for the 7th Field Artillery Observation Battalion for the period covering 14 July 1944 through 9 June 1945, a copy of her Certificate of Marriage to the former service member and a copy of the former service member’s Certificate of Death.
EVIDENCE OF RECORD: The former service member’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records.
He was inducted on 23 February 1942 and he successfully completed his training as a communications chief.
His awards include the Bronze Star Medal, the European-African-Middle Eastern Campaign Medal and the Good Conduct Medal.
A review of the available records fails to show that the applicant was ever wounded as a result of hostile action by enemy forces.
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. 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.
2. The Board has noted the applicant’s contentions. However, There is no evidence in the available records that indicate that the former service member was treated for shrapnel wounds while he was in the service.
3. In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.
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
___mdm_ __kak ___ ___tl____ DENY APPLICATION
| CASE ID | AR2001066015 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/04/23 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 46 | 107.0000 |
| 2. 61 | 107.0015 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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