| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: He was "wounded in combat" in May 1945, during the Battle of the Bulge and was treated in a hospital in Germany. He states he believes his unit thought he was evacuated "home" after his release from the hospital and as such he never received the Purple Heart. In support of his request he submits a 1947 VA document granting him a disability award for “gun shot wound scar of upper one-third of left leg.”
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.
He entered active duty on 31 March 1943 and served overseas between February 1945 and April 1946. His 22 April 1946 WD AGO Form 53-55 (Enlisted Record and Report of Separation), which he authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects “NONE.” The document does reflect award of the Combat Infantryman Badge.
The VA document, submitted by the applicant in support of his request, merely indicated that the applicant was compensated for a “gun shot [sic] wound scar of upper one-third of left leg.” There were no additional medical records available to the Board or any indication of the source of the gunshot wound scar.
The Battle of the Bulge, which lasted from December 16, 1944 to January 28, 1945, was the largest land battle of World War II in which the United States participated.
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.
By virtue of his award of the Combat Infantryman Badge, the applicant is entitled to an award of the Bronze Star Medal.
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. Although the applicant may be receiving disability compensation for a service-incurred wound, there is no evidence that the wound was the result of hostile action and no medical evidence to support the source of the VA’s determination.
2. In the absence of medical evidence confirming that the gunshot wound was incurred as a result of hostile action the Board concludes there is no basis for an 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 that requirement.
4. The Board also notes the applicant’s record indicates that he arrived overseas in February 1945 and contends that he was wounded in May 1945 during the Battle of the Bulge. However, the “Battle of the Bulge” period ended in January 1945.
5. 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.
(NOTE: Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the Bronze Star Medal based on his Combat Infantryman Badge.)
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__RVO__ __JPI ___ __RKS __ DENY APPLICATION
| CASE ID | AR2002066474 |
| 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. |
ARMY | BCMR | CY2003 | 03094935C070212
The applicant requests that the records of his father, a deceased former service member, be corrected to show award of the Purple Heart and Silver Star. The former service member’s military records are not available to the Board for review. Evidence shows that the service member’s records contain administrative error which does not require action by the Board.
ARMY | BCMR | CY2005 | 20050003292C070206
The separation document (WD AGO Form 53-55) issued to the applicant at the completion of his World War II service shows he was inducted into the Army and entered active duty on 5 June 1944. While the veracity of the applicant’s claim that he received a gunshot wound to his leg as a direct result of enemy action during World War II, and of the information contained in the third-party statement from his former commanding office is not in question, absent any evidence of record to corroborate...
ARMY | BCMR | CY2011 | 20110020390
Notwithstanding his sincerity, in the absence of official documentary evidence to corroborate the events that led to his alleged injuries, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart in this case. The evidence shows the applicant's records contain an administrative error which does not require action by the Board. Therefore,...
ARMY | BCMR | CY2015 | 20150001053
IN THE CASE OF: BOARD DATE: 20 August 20152 DOCKET NUMBER: AR20150001053 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows the applicant was admitted to the hospital on 6 March 1945, due to a self-inflicted GSW. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2006 | 20060007863C070205
There is no evidence of record which shows that the applicant was wounded or treated for any injuries as a result of hostile action during World War II. Evidence shows that the applicant’s records contain an administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge).
ARMY | BCMR | CY2008 | 20080002621
IN THE CASE OF: BOARD DATE: 15 May 2008 DOCKET NUMBER: AR20080002621 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Therefore, it would be in the interest of justice to correct his records to show that he received shrapnel wounds to the legs, arms, wrist, and eye in Belgium on 20 December 1944 and by awarding him the Purple Heart for wounds received in action against the enemy in Belgium on 20 December 1944. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2001 | 2001051533C070420
The applicant states that he received the Purple Heart Medal when he was wounded but it is not written on his Separation Document. The evidence of record clearly establishes that the applicant was wounded as a result of hostile action and is entitled to the Purple Heart and to have it shown on his Separation Document. a. showing that the individual concerned was awarded the Purple Heart for wounds received in action on 17 December 1944;
ARMY | BCMR | CY2004 | 040008206C070208
The letter informed the Soldier of the requirements for award of the Purple Heart and then stated that “since there is no official records that you were wounded in action, you may not be awarded the Purple Heart.” 5. Unfortunately, in the absence of such evidence, there is no basis for an award of the Purple Heart. Although the Department of Veterans Affairs may have awarded the former Soldier disability compensation, it does not serve as evidence that he was wounded as a result of hostile...
ARMY | BCMR | CY2014 | 20140017596
The applicant's military service records are not available to the Board for review. There are no orders or other evidence in the applicant's available military service records that shows he was awarded the Purple Heart. In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of...
ARMY | BCMR | CY2011 | 20110011341
The FSM's military records are not available to the Board for review. The applicant is basing his request for award of the Purple Heart to the FSM on the WD AGO Form 8-24, dated 12 August 1945, which clearly shows the FSM sustained NBC gunshot wounds after being shot by a Frenchman who also shot into several U.S. The applicant provided insufficient evidence to show the FSM was hospitalized to receive medical treatment for severe frostbite or frozen feet while engaged in combat.