| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Kathleen A. Newman | Chairperson | |
| Ms. Gail J. Wire | Member | |
| Mr. Patrick H. McGann | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: In effect, that he was wounded on 25 April 1945 in Germany. He contends that he was hit with three pieces of shrapnel in his right hip, that he was not incapacitated and that he was not treated by a medic. In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a copy of his WD AGO Form 100 (Separation Qualification Record); an undated letter of explanation; an itinerary of the Battalion Headquarters 133d Engineer Combat Battalion; an excerpt of the unit’s history; and photographs of bridges.
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 30 December 1942. He served as a surveyor in the European Theater of Operations from 17 April 1944 until approximately
14 December 1945 and was honorably discharged on 21 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 his WD AGO Form 53-55 shows the entry, “None.”
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.
There are no medical records in the available records.
The historical files of the 133rd Engineer Combat Battalion located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart. There were no orders for the Purple Heart and a review of the unit’s personnel losses/wounded in action for the month of April 1945 did not contain the applicant’s name.
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 on
25 April 1945 in Germany.
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 applicant signed his discharge document on 21 December 1945 attesting to the fact that he was not wounded in action and was not entitled to award of the Purple Heart.
4. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.
5. 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.
6. 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
KAN____ GJW____ PHM_____ DENY APPLICATION
| CASE ID | AR2002073858 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030123 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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