Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001066049C070421
Original file (2001066049C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 07 MARCH 2002
         DOCKET NUMBER: AR2001066049

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. John P. Infante Member
Ms. Regan K. Smith Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         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:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: Award of the Purple Heart.

APPLICANT STATES: In effect, that he sustained a small shrapnel wound to his back "on or about 13 January 1945." He notes that he was riding in the "rear of a 2 1/2 ton truck when it struck a mine, covered by snow, under the left rear wheel." He states that the explosion threw him to the "top of the canvas-covered top" and that "a mine fragment had blown a 12" diameter hole out of [his] overcoat." He states the company's "Aid Man" who was assisted by the "Aid Man for I Company" treated him. In support of his request he submits his self-authored statement, a statement, authored in 2001, from the "Aid Man for I Company," and an extract from his unit's written history.

EVIDENCE OF RECORD: The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed from alternative sources, including information provided by the applicant.

The applicant entered active duty on 24 September 1943 and served in the European Theater of Operations between October 1944 and July 1945. He was discharged from active duty on 7 February 1946 as a result of demobilization. His WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "None." The applicant authenticated the separation report.

The statement, authored by the "Aid Man for I Company," indicates, in effect, that he recalled "when a land mine went off, 3 or 4 men were hit" and that he and another soldier "patched them up." He states that he talked with the applicant "and the story he tells is much the same as I remember." He states he believes the applicant was one of the men he treated and that he should be entitled to an award of the Purple Heart.

The unit history, provided by the applicant, discusses the units action in January 1945 but does not mention the applicant by name, nor recount any land mine accidents similar to the one the applicant maintains he was wounded in.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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. There is no evidence, and the applicant has not provided any, which confirms he was wounded as a result of hostile action during World War II. The statement submitted in support of the applicant's request was rendered more than 50 years after the fact, and the author bases his contention that the applicant should be awarded the Purple Heart because he “believes” the applicant may have been one of the soldiers he treated during World War II. However, the Board notes that a requirement for award of the Purple Heart is that it required treatment by a medical officer.

2. Additionally, statements rendered years after the fact, which are not supported by information from any official source, and are inconsistent with information contained in official documents, are not sufficient for the Board to conclude that an award of the Purple Heart would be appropriate.

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 that 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

__RVO__ __JPI __ __RKS __ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001066049
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020307
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. 107.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 03092950C070212

    Original file (03092950C070212.rtf) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. His discharge document does not show that he was wounded in action or that he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart, the Bronze Star Medal, and the Army of Occupation Medal with "Germany" clasp.

  • ARMY | BCMR | CY2002 | 2002071674C070402

    Original file (2002071674C070402.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. In a note on that report, the applicant stated that three of the six [soldiers] were treated, released, and returned to duty with no hospital time and those three received a Purple Heart. Consequently, there is insufficient evidence to show that he was wounded as a result of enemy action; therefore, the evidence is also not sufficient to award him the Purple Heart.

  • ARMY | BCMR | CY2005 | 20050005733C070206

    Original file (20050005733C070206.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 January 2006 DOCKET NUMBER: AR20050005733 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. Rea M. Nuppenau | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides a copy of: a. his Honorable Discharge Certificate, dated 3...

  • ARMY | BCMR | CY2011 | 20110015150

    Original file (20110015150.txt) Auto-classification: Denied

    There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was recommended for or awarded the Purple Heart: * Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury * His records do not contain general orders awarding him the Purple Heart * His name is not shown on the Vietnam casualty listing * The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army...

  • ARMY | BCMR | CY2010 | 20100022994

    Original file (20100022994.txt) Auto-classification: Denied

    Counsel states, the applicant deserves and should be awarded the Purple Heart for wounds he suffered on 31 August 1944 near Reims while in his platoon. After hospitalization, the applicant did not return to his unit, 146th Engineer Battalion, which could explain why the Purple Heart was not awarded. The applicant's military records are not available to the Board for review.

  • ARMY | BCMR | CY2008 | 20080002339

    Original file (20080002339.txt) Auto-classification: Approved

    The applicant states, in effect, that Army records show that her father received a non-battle injury. The FSM's military records are not available to the Board for review. The available service medical evidence shows that the FSM sustained an injury to his left hand on 27 December 1944 and was hospitalized for treatment.

  • ARMY | BCMR | CY2004 | 040008199C070208

    Original file (040008199C070208.doc) Auto-classification: Approved

    In effect, the applicant requests award of the Purple Heart, Bronze Star Medal, and that his record be corrected to show participation in three campaigns during World War II, vice the one campaign shown. The applicant’s military records are not available to the Board for review. Unfortunately, as he himself has stated, there is no such evidence.

  • ARMY | BCMR | CY2003 | 2003085796C070212

    Original file (2003085796C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. They were told by an Army medical sergeant still at the scene that the injury was the result of a Japanese land mine explosion. The Board accepts the supporting statements provided by the applicant as evidence that he was wounded when a Japanese land mine exploded in April 1945.

  • ARMY | BCMR | CY2012 | 20120018342

    Original file (20120018342.txt) Auto-classification: Denied

    The applicant's military records are not available to the Board for review. His available records do not show he sustained a concussion during World War II but even if they did, the change is only retroactive to 11 September 2001. d. Notwithstanding his sincerity, there is no evidence in his record that shows he was wounded or injured as a result of hostile action or treated for such wounds. Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result...

  • ARMY | BCMR | CY2010 | 20100026430

    Original file (20100026430.txt) Auto-classification: Denied

    No combat injuries or wounds are recorded on his medical records; however, an entry "scar to left leg" was entered on his Standard Form 88 (Report of Medical Examination). In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 is not available for review, his service record is void of any orders that show he was awarded the Purple Heart, his record is void of any official Army telegrams or Western Union telegrams, and there is no conclusive evidence...