| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Mr. James E. Anderholm | Member | ||
| Ms. Eloise C. Pendergast | Member |
APPLICANT REQUESTS: Reconsideration of his request for award of the Purple Heart.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 7 February 1996 (Docket Number AC95-11639).
The applicant provides no new evidence but offers a new argument. He contends that any wound suffered in Leipzig, Germany on 18 April 1945 had to be combat related. He was assigned to Company B, 273d Infantry, 69th Infantry Division at the time.
There is no evidence in the applicant’s available service medical records to show he was treated for any reason after he departed the United States for the European Theater of Operations in August 1944.
Item 11 of the applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement) contains the entry, “Left upper eyelid injured-Bn. Aid Station-Germany-April 45.”
The applicant was separated on 18 March 1946. His WD AGO Form 53-55 (Report of Separation) shows he participated in two campaigns. It shows he was awarded the Combat Infantryman Badge, the Army Good Conduct Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal.
A review of the historical files of Company B, 273d Infantry Regiment, 69th Infantry Division at the National Archives in College Park, MD failed to show the applicant’s entitlement to award of the Purple Heart.
Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart 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 by a medical officer, and the medical treatment must have been made a matter of official record.
The Bronze Star Medal was established by Executive Order 9419, 4 February 1944. Army Regulation 600-8-22 provides for the award of the Bronze Star Medal to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection
with military operations against an armed enemy. It also provides for award of the Bronze Star Medal to members of the armed forces who, after 6 December 1941 and prior to 3 September 1945, have been cited in orders or in a formal certificate for meritorious or exemplary conduct in ground combat against the armed enemy. A citation in orders for the Combat Infantryman Badge or Medical Badge awarded in the field during the period of actual combat against the armed enemy is considered as a citation for exemplary conduct in ground combat.
Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal for each credited campaign. It also provides for award of the Army of Occupation Medal with “Germany” clasp when occupation credit is awarded.
Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that the 273d Infantry Regiment, 69th Infantry Division was awarded occupation credit for Germany.
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 applicant’s WD AGO Form 38 indicates that he received an injury (not a wound) to his left eyelid; however, there is no evidence to show how he received the injury. Unfortunately, the applicant’s statement alone does not corroborate his contention that the injury was the result of hostile action and not incurred in some other manner. Therefore, there is insufficient evidence to show he is entitled to award of the Purple Heart.
2. The evidence of record shows the applicant is entitled to award of the Bronze Star Medal based upon his award of the Combat Infantryman Badge. His WD AGO Form 53-55 should be amended to add the Bronze Star Medal.
3. The applicant also meets the eligibility criteria for award of the Army of Occupation Medal with “Germany” clasp and to wear two bronze service stars on the European-African-Middle Eastern Campaign Medal. His WD AGO Form 53-55 should be amended to add these awards, also.
4. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.
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.
NOTE: The Army Review Boards Agency Support Division will be requested to amend the applicant’s WD AGO Form 53-55 to add the Bronze Star Medal and the Army of Occupation Medal with “Germany” clasp and to show he is authorized to wear two bronze service stars on the European-African-Middle Eastern Campaign Medal.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__FNE__ __JEA _ __ECP __ DENY APPLICATION
| CASE ID | AR2002074661 |
| SUFFIX | |
| RECON | YYYMMDD |
| DATE BOARDED | 2003/02/06 |
| 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 | CY2002 | 2002082274C070215
In support of her claim for award of the Purple Heart, the applicant provided two newspaper articles which state that the FSM was wounded in action on 2 November in Germany. Therefore, the FSM's military records should be corrected to show award of the Purple Heart for wounds sustained on 2 November 1944 in the European Theater of Operations. Therefore, the FSM is entitled to correction of his WD AGO Form 53-55 to show award of the Army of Occupation Medal with Germany Clasp.
ARMY | BCMR | CY2002 | 2002076505C070215
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 signed his WD AGO Form 53-55 on 15 January 1946 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal...
ARMY | BCMR | CY2008 | 20080018304
IN THE CASE OF: BOARD DATE: 17 MARCH 2009 DOCKET NUMBER: AR20080018304 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant, as the son of a deceased former service member (FSM), requests that his late fathers WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Purple Heart, the European-African-Middle Eastern Campaign Medal with three bronze service stars, and the...
ARMY | BCMR | CY2012 | 20120021454
Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists World War II units that are authorized occupation credit and, therefore, entitlement to the Army of Occupation Medal. However, the evidence of record does not show and the applicant has not provided evidence showing he received wounds as a result of hostile action that required treatment by medical personnel and that a record was made of that treatment. As a result, the Board recommends...
ARMY | BCMR | CY2010 | 20100027567
This pamphlet shows the 513th Parachute Infantry Regiment, 17th Airborne Division: * received credit for participating in the Ardennes-Alsace, Central Europe, and Rhineland campaigns * 3rd Battalion, was cited for award of the Distinguished Unit Citation (redesignated as the Presidential Unit Citation) for the period 24 through 26 March 1945 by War Department General Orders (WD GO) Number 119, dated 1946 * received assault landing credit on 24 March 1945 by WD GO 70, dated 1945 b. ...
ARMY | BCMR | CY2002 | 2002078719C070215
The Board notes that the applicant’s WD AGO Form 53-55 does not show the World War II Victory Medal as an authorized award. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the World War II...
ARMY | BCMR | CY2010 | 20100006867
The only record available to this Board is the FSM'S WD AGO Form 53-55 provided by the applicant. As a result, the Board recommends that all Department of the Army records of the FSM be corrected by awarding him the Purple Heart and the Bronze Star Medal. In addition, the Board recommends that item 33 of the FSM's WD AGO Form 53-55 be amended to show he was awarded or is authorized the: * Bronze Star Medal * Purple Heart * Army of Occupation Medal with Germany Clasp *...
ARMY | BCMR | CY2008 | 20080014143
The applicant requests the records of his deceased father, a former service member (FSM), be corrected to show award of the Purple Heart. The evidence of record shows the FSM was awarded the European-African-Middle Eastern Campaign Medal. With respect to award of the Purple Heart, there are no general orders that show the FSM was awarded the Purple Heart and there is no evidence in his available service personnel records which shows he was wounded or injured as a result of hostile action...
ARMY | BCMR | CY2002 | 2002074740C070403
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 | 2002079505C070215
Item 31 (Military Qualification and Date) the applicant's discharge document shows award of the Combat Infantryman Badge. As a result, the Board determined that the applicant was entitled to award of the Good Conduct Medal for his service from 15 February 1943 through 29 January 1946 based on completion of a period of service of more than one year but less than three years served entirely between 7 December 1941 to 2 March 1946. Therefore, he is entitled to correction of his records to...