| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Elzey J. Arledge, Jr. | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart (PH).
APPLICANT STATES: In effect, that he injured his back in action during a strafing attack by German aircraft. In support of his application, he refers to a Department of Veterans Affairs (VA) court report issued in 1954 in Detroit, Michigan.
EVIDENCE OF RECORD:
The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service records at the National Personnel Records Center in 1973. It is believed that his records were lost in that fire.
The available evidence includes a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge). This properly constituted separation document verifies that the applicant was inducted into the Army of the United States (AUS) and entered active duty on 29 January 1943. He continuously served on active duty until 11 November 1945, at which time he was honorably separated in the rank of private first class. This document also confirms that he served in the European Theater of Operations (ETO) from 20 October 1943 to
7 September 1945 and that he participated in 1 campaign.
The applicant’s WD AGO 53-55 also verifies that he earned the following awards during his active duty tenure: Combat Medical Badge; European-African-Middle Eastern Campaign Ribbon with 1 bronze service star; Good Conduct Medal; and World War II Victory Ribbon. The PH is not included in the list of awards in block 33 (Medals, Badges, and Citations) and block 34 (Wounds Received in Action) contains a “None” entry, which would indicate he was never wounded or injured in action.
On 18 June 1984, a correction to the applicant’s separation document (DD Form 215) was issued by the Army Reserve Personnel Command (ARPERSCOM). This document added the Bronze Star Medal to the awards listed in Item 33 of the applicant’s separation document.
In connection with the processing of this case, a medical finding report pertaining to the applicant’s record of hospital admissions and medical treatment was requested from the National Archives and Records Administrative (NARA), this request produced negative results. There is no evidence available to show that the applicant was ever treated as a battle casualty during World War II. The military medical treatment records that were on file, show only that the applicant was treated for non-battle related illnesses during his active duty tenure.
Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and 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, and advisory opinion(s), it is concluded:
1. The Board notes the applicant’s contention that he is entitled to the PH for a combat related back injury he received during a strafing attack by German aircraft during World War II and it considered his claim that this fact is supported in VA files. However, it finds insufficient evidence to support this claim.
2. By regulation, in order to support an award of a PH a member must have been wounded or injured in action, must have been treated for this wound or injury by military medical personnel, and this treatment must have been made a matter of official record. In this case, there are no medical or other official records to confirm that the applicant was ever injured in action or treated by military medical personnel for combat related back injury.
3. In addition, absent the military medical treatment records, the VA record confirmation referred to by the applicant would still not satisfy the regulatory burden of proof necessary to support awarding the PH.
4. The Board wishes to advise the applicant that it does not question the veracity of his claim that he received a back injury and he is to be congratulated for his outstanding service to our country. However, based on the lack of supporting records and evidence, it is regrettably compelled to deny his PH request. This action is taken in the interest of fairness and equity to all members who served during World War II and who face similar circumstances.
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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__MKP__ __EJA__ __RTD___ DENY APPLICATION
| CASE ID | AR2002068079 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/04/11 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 194511/11 |
| DISCHARGE AUTHORITY | AR 615-365 |
| DISCHARGE REASON | Demobilization |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 46 | 107.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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Application for correction of military records (with supporting documents provided, if any). The applicant's contention that he should be awarded the PH based on being wounded in action during World War II was carefully considered. Therefore, it would not be appropriate or serve the interest of all those who served in World War II and who faced similar circumstances to grant the requested relief.
ARMY | BCMR | CY2014 | 20140015584
Under the "Discussions and Conclusions" it states "A review of the available records does not substantiate that the applicant met the criteria for award of the Purple Heart." The applicant provides: a. The pertinent entries in the diary are documented evidence which support his request and which the Board has ignored.
ARMY | BCMR | CY2004 | 2004104144C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The record contains no indication that the applicant was ever wounded in action or that he was ever recommended for or awarded the PH. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.
ARMY | BCMR | CY2005 | 20050008718C070206
The applicant’s military records are not available to the Board for review. The applicant’s claim of entitlement to the PH and the supporting evidence he provided were carefully considered. However, absent any evidence (medical treatment records, eye- witness statements, or record entries) showing that he was ever wounded in action, or that he was ever treated for a combat related wound or injury by military medical personnel, the regulatory burden of proof necessary to support award of...
ARMY | BCMR | CY2009 | 20090000390
The applicant requests correction of his military records to show that he was awarded the Purple Heart for injuries sustained while in action during World War II. The applicant provides, in support of his application, copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), a citation for award of the Bronze Star Medal, and...
ARMY | BCMR | CY2006 | 20060017454C071029
The applicant’s military records are not available to the Board for review. There are no medical treatment records showing the applicant was treated for a shrapnel wound to his nose, and while he does provide a medical treatment form that indicates he was treated for mild trench foot, this condition does not support award of the PH under current standards and did not merit award of the PH under the policy that existed during World War II. The Board determined that the evidence presented...
AF | BCMR | CY2012 | BC-2012-04428
In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. Additionally, treatment of the wound shall be documented in the members medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical...
AF | BCMR | CY2004 | BC-2002-03224
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. The applicant has not provided any documentation or corroborating evidence that he suffered any injuries or wounds while a POW in Germany.
ARMY | BCMR | CY2002 | 2002070457C070402
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. 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. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.
A 16 November 1943, medical record entry indicates that the applicant was treated for an infected forehead wound when he was cut by coral while swimming at Moresby beach on 11 November 1943. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the application be denied and states, in part, that to be awarded the PH, a member must provide documentation to support that he was wounded as a direct result of enemy action that must have...