| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Irene N. Wheelwright | Member | |
| Mr. Jose A. Martinez | Member |
APPLICANT REQUESTS: In effect, correction of his military records to show award of the Purple Heart for wounds received in action on 23 February 1945.
APPLICANT STATES: That he was wounded in combat on 23 February 1945.
He contends that, while constructing a bridge in Germany, he injured his finger as a result of an enemy artillery shell. He also contends that he refused to be evacuated, that he received first aid at the site and that he continued to help while he had his left hand bandaged. In support of his application, he submits a letter, dated 22 April 2002; a personal account of his injury; an eyewitness statement, dated 16 August 2001; a letter, dated 16 October 2001, from his physician; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a document titled “Operations of the 247th Engineer Combat Battalion in Europe”; a letter, dated 3 October 2001, from the National Archives and Records Administration; Unit Report Number 9, dated 1 March 1945, from 247th Engineer Combat Battalion which shows that four men were killed in action and 19 men were wounded during February 1945; and Standard Form 180 (Request Pertaining to Military Records), dated 24 September 2001.
EVIDENCE OF RECORD: The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 1 April 1943. He served as a truck driver in the European Theater of Operations from 30 January 1944 to 18 November 1945 and was honorably discharged on 2 December 1945.
The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on the WD AGO Form 53-55 states, “None.”
The applicant’s WD AGO Form 24 (Service Record) does not show entitlement to the Purple Heart in the section for medals and decorations.
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.
The applicant provided an eyewitness statement, dated 16 August 2001, from his platoon sergeant at the time in question. The platoon sergeant attests that the applicant was wounded from German shelling as they were building a bridge across the flooded Roer River in Julich, Germany. He also states that the applicant received first aid at the bridge site and bravely stayed involved until their mission was accomplished.
The applicant also provided a statement, dated 16 October 2001, from his attending physician. This letter states that the applicant has clinical evidence of an old crush type injury to the left third finger.
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. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, 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. The Board considered the applicant’s contention that he was wounded in combat on 23 February 1945.
2. There is no evidence in the available records which shows that he was wounded or injured as a result of hostile action during World War II.
3. The Board noted the eyewitness statement provided in support of the applicant’s claim for the Purple Heart. However, this statement made over
55 years after the fact, is not sufficient by itself as a basis for award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.
4. Evidence of record does show that the applicant signed his discharge document on 2 December 1945 attesting to the fact that he was not wounded in action and was not entitled to the Purple Heart.
5. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.
6. 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 this requirement.
7. 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
JNS____ INW_____ JAM_____ DENY APPLICATION
| CASE ID | AR2002073278 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020815 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001062609C070421
There is no evidence in the available records which show the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. Therefore, the applicant is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this award. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.
ARMY | BCMR | CY2002 | 2002077772C070215
The Board considered the following evidence: Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 23 February 1945 in the European Theater of Operations and correction of his military records to show this award. Therefore, the applicant is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this medal.
ARMY | BCMR | CY2012 | 20120006834
Additionally, he received a copy of his military record and noted the following wounds were not annotated: * 16 February 1944, Anzio, Italy, head wound * 2 April 1944, Anzio, Italy, back wound * 8 April 1944, Anzio, Italy, finger wound * 28 December 1944, Colmar, France, hand wound * 9 January 1945, Orbey, France, leg wounds * 4 April 1945, Eichenbach, Germany, chest wound 3. The applicant provides: * Letter, dated 12 October 2010 * Excerpt from a newspaper, dated May 2011 * Self-authored...
ARMY | BCMR | CY2003 | 2003085691C070212
In support of his application, the applicant submitted a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge, with a date of separation of 4 December 1945, a self-authored letter adding detail to his application, three witness statements, a certificate awarding him the Bronze Star Medal dated 26 February 1987, a copy of a Certificate of Merit awarded him by the Commander of the 99th Infantry Division, and three other documents. In this statement,...
ARMY | BCMR | CY2008 | 20080001857
The applicants military records are not available to the Board for review. Therefore, he is entitled to award of the Army of Occupation Medal, with Germany Clasp, and correction of his records to show this award. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Army of Occupation Medal, with Germany Clasp.
ARMY | BCMR | CY2001 | 2001052769C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In support of his application, he submits a WD AGO Form 53-55 (Enlisted Record and Report of Separation); five letters from current medical providers; a letter of explanation, dated 30 June 2000; a statement from the Assistant S-2 of the 280th Engineer Combat Battalion at the time in question, dated 30 August 2000; an eyewitness statement, dated 30 August 2000, from a...
ARMY | BCMR | CY2002 | 2002072215C070403
The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Purple Heart as an authorized award. There is no evidence in the available records which show the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, the unit to which the...
ARMY | BCMR | CY2007 | 20070010061
The applicants military records are not available to the Board for review. Regrettably, in the absence of military records which show the applicant was wounded or treated for wounds as a result of hostile action the letters and newspaper article he provided are insufficient bases for award of the Purple Heart in this case. Evidence shows that the applicants records contain an administrative error which does not require action by the Board.
ARMY | BCMR | CY2001 | 2001061340C070421
The Board considered the following evidence: The applicant signed his WD AGO Form 53-55 on 16 November 1945 attesting to the fact he was not wounded in action and was not entitled to award of the Purple Heart. Therefore, the applicant is entitled to correction of his military records to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).
ARMY | BCMR | CY2002 | 2002080193C070215
The Board considered the following evidence: The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart. The applicant signed his discharge document on 2 June 1946 attesting to the fact that he was not wounded in action and was not entitled to the Purple Heart.