Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002072580C070403
Original file (2002072580C070403.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 2 July 2002
         DOCKET NUMBER: AR2002072580

         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Arthur O. Omartian Member
Mr. Raymond J. Wagner 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. He states that he was wounded on the left side of his lip and right ear and was rendered unconscious by enemy artillery shelling in an operation in France.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information contained herein was obtained from alternate sources.

The applicant was inducted into the Army on 6 December 1943. He arrived in the European Theater of Operations on 6 July 1944 and departed on 19 January 1946. He separated on 20 February 1946. Item 34 of his Report of Separation, WD AGO Form 53-55, does not show that he was wounded in action.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations. It states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action 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. The Board appreciates the applicant’s service during World War II but there is no evidence of record and he provides none to show he was wounded in action.

2. 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

__KAK__ __AOA__ __RJW__ DENY APPLICATION



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



INDEX

CASE ID AR2002072480
SUFFIX
RECON
DATE BOARDED 2002/07/02
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY2002 | 2002074740C070403

    Original file (2002074740C070403.rtf) Auto-classification: Approved

    A Request for Decoration and/or Citation, WD AGO Form 106, dated 8 April 1946 and prepared by the Separation Center at Fort Devens, MA requested the applicant be awarded the Purple Heart for being wounded in the left eye on 12 April 1945. The evidence of record shows the applicant is authorized to wear two bronze service stars on the European-African-Middle Eastern Campaign Medal. That the applicant's WD AGO Form 53-55 be amended to add the Purple Heart, the Bronze Star Medal, and the Army...

  • 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 | CY2001 | 2001062558C070421

    Original file (2001062558C070421.rtf) Auto-classification: Approved

    Although the applicant's separation document does not indicate that the applicant was wounded in action, information contained on the applicant's 1946 separation physical examination tends to support a conclusion that the applicant was wounded. In view of this evidence, the Board concludes that it would be appropriate, and in the interest of justice, to award the applicant the Purple Heart for the wound he sustained in March 1945 while in the European Theater of Operations, and his records...

  • ARMY | BCMR | CY2002 | 2002076209C070215

    Original file (2002076209C070215.rtf) Auto-classification: Approved

    The applicant requests that his deceased brother, a former service member (FSM), be awarded the Purple Heart. His Enlisted Record and Report of Separation, WD AGO Form 53-55, shows he was awarded the Combat Infantryman Badge, the Army Good Conduct Medal, and several campaign ribbons but not the Purple Heart. That all of the Department of the Army records related to this case be corrected by awarding the FSM the Purple Heart for wounds received on 23 June 1945 and the Bronze Star Medal.

  • ARMY | BCMR | CY2002 | 2002070114C070402

    Original file (2002070114C070402.rtf) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY2002 | 2002080654C070215

    Original file (2002080654C070215.rtf) Auto-classification: Approved

    The applicant's WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. a. by adding the entries, "Purple Heart" and "Bronze Star Medal (based on award of the Combat Infantryman Badge)" in item 33 (Decorations and Citations) on the WD AGO Form 53-55 of the individual concerned:

  • ARMY | BCMR | CY2002 | 2002069891C070402

    Original file (2002069891C070402.rtf) Auto-classification: Denied

    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. 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...

  • ARMY | BCMR | CY2002 | 2002067291C070402

    Original file (2002067291C070402.rtf) Auto-classification: Denied

    EVIDENCE OF RECORD : The applicant's military records were lost or destroyed in the July 1973 fire at the National Personnel Records Center. The Purple Heart is not listed on his WD AGO Form 53-55 (Report of Separation) but was typed in at a later date and block 34 (wounds received in action) stated "None" but was also typed over at a later date with "right leg." There is insufficient evidence presented by the applicant and no medical evidence of record to indicate that the applicant was...

  • ARMY | BCMR | CY2002 | 2002080195C070215

    Original file (2002080195C070215.rtf) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY2003 | 2003083810C070212

    Original file (2003083810C070212.rtf) Auto-classification: Denied

    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. The applicant's WD AGO Form 53-55, which was authenticated in his own hand, does not show the Combat Infantryman Badge or the Purple Heart as authorized awards. The available records do not show that the applicant served in an infantry MOS or that he met the qualifications for award of the Combat Infantryman Badge during World War II.