Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002068109C070402
Original file (2002068109C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 22 August 2002
         DOCKET NUMBER: AR2002068109

         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
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. Raymond V. O'Connor, Jr. Member
Ms. Barbara J. Lutz 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: That he be awarded the Purple Heart (PH).

APPLICANT STATES: He "did not turn in my shrapnel wound to my leg to the medics because 5 of my friends were killed at this time and I thought this was very slight in comparison to my friends."

In support of his request the applicant submits selected portions of the publication, The 6th Infantry Division In World War II.

EVIDENCE OF RECORD: The applicant's military records could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, Missouri, in 1973. The following information was derived from alternate sources.

He entered on active duty on 22 October 1942 and served as a commissioned officer. He served in the Asiatic-Pacific theater of operations from 21 July 1943 to 2 August 1945 and was promoted to major. He was credited with participation in the New Guinea and Southern Philippines campaigns. His awards and decorations consist of two awards of the Bronze Star Medal for Meritorious Service, the American Defense Service Medal, the Asiatic-Pacific Service Medal, the World War II Victory Medal, and the Philippines Liberation Medal. The applicant’s WD AGO Form 53-98, Military Record and Report of Separation, Certificate of Service, Item 30, "Wounds Received in Action" has "None" entered.

In the processing of this case, the staff of the Army Review Boards Agency contacted the applicant. The applicant could not give an approximate date of his wound. Thereafter, a search of the historical files of the 6th Infantry Division was conducted, which failed to identify the applicant as being entitled to the PH.

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 and applicable law and regulations, it is concluded:

1. It would appear from the applicant's statement that he refused medical treatment for his shrapnel wound. This would explain why there is no record of his being wounded.

2. Since a wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record in order for a soldier to qualify for a PH, the applicant is not entitled to that decoration.

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

__jhl ____ ___rvo___ ___bjl___ DENY APPLICATION



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




INDEX

CASE ID AR2002068109
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020822
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 | CY2002 | 2002069862C070402

    Original file (2002069862C070402.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: The evidence available to the Board shows that the applicant was admitted and was treated on three different occasions; however, the evidence does not authenticate that the applicant’s...

  • ARMY | BCMR | CY2004 | 040004569C070208

    Original file (040004569C070208.doc) Auto-classification: Approved

    There is no conclusive evidence to show that the applicant was wounded in action. Consequently, the applicant’s records should be corrected to show that he was wounded in action on Cebu on 2 May 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was wounded in action on Cebu Island in the Philippines on 2 May 1945, by award of the Purple Heart, the Bronze Star Medal, the Asiatic-Pacific Campaign Medal...

  • ARMY | BCMR | CY2003 | 2003084695C070212

    Original file (2003084695C070212.rtf) Auto-classification: Approved

    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. The FSM’s military records were not available to the Board for review. However, the Board does find the information provided in the OTSG admission record, coupled with the VA medical documents provided by counsel are sufficiently credible to support the FSM’s entitlement to the PH, when coupled with the...

  • ARMY | BCMR | CY2001 | 2001062344C070421

    Original file (2001062344C070421.rtf) Auto-classification: Approved

    Contrary to the newspaper article provided by the applicant which states the applicant was wounded on 9 March 1945, evidence of record shows the applicant was wounded as a result of hostile action on 8 March 1945 in the Asiatic Pacific Theater of Operations. The applicant was a member of the 43d Infantry Division when it was cited for award of the Philippine Republic Presidential Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award. The...

  • ARMY | BCMR | CY2002 | 2002073217C070403

    Original file (2002073217C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: NOTE: The Army Review Boards Agency in St. Louis is requested to correct the applicant’s records to show award of the World War II Victory Medal, the Asiatic-Pacific Campaign Medal with...

  • ARMY | BCMR | CY2003 | 2003086827C070212

    Original file (2003086827C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: Correction of his military records to show award of the Purple Heart. The Board noted the applicant’s entitlement to the American Campaign Medal, the World War II Victory Medal, and the Philippine Republic Presidential Unit Citation and determined that his records should be corrected administratively.

  • ARMY | BCMR | CY2003 | 2003087536C070212

    Original file (2003087536C070212.rtf) Auto-classification: Approved

    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 | CY2003 | 2003084073C070212

    Original file (2003084073C070212.rtf) Auto-classification: Approved

    The applicant's WD AGO Form 53-55, shows no award of the Purple Heart in block 33 (Decorations and Citations). The same regulation also provides for award of the Asiatic-Pacific Campaign Medal. The 160th Infantry Regiment was awarded campaign credit for participation in the Luzon, Southern Philippines, and Bismarck Archipelago campaigns during the time the applicant was member of the unit.

  • ARMY | BCMR | CY2006 | 20060014669C071029

    Original file (20060014669C071029.doc) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. The evidence also confirms the applicant was awarded the CIB, for which he received combat infantry pay, while serving in the PTO. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for being wounded in action in the Pacific Theater of Operations on 16 June 1945, and the Bronze Star Medal for his exemplary conduct...

  • ARMY | BCMR | CY2001 | 2001063609C070421

    Original file (2001063609C070421.rtf) Auto-classification: Approved

    The applicant requests in effect, award of the Purple Heart (PH) and that his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) be corrected to show the Prisoner of War (POW) Medal. The applicant states, in effect, that his WD AGO Form 53-55 and his official military personnel record will show that he is entitled to these awards. Based on the information contained in the applicant’s official military record and the information furnished by the applicant, the...