Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002075312C070403
Original file (2002075312C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 23 JULY 2002
         DOCKET NUMBER: AR2002075312


         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.

Mr. Carl W. S. Chun Director
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Hubert O. Fry, Jr. Member
Ms. Gail J. Wire Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his records be corrected to reflect award of the Purple Heart. He states, in effect, that he sustained a shrapnel wound under his eye just after crossing the Rhine River with his unit on 21 March 1945. He states that there was a lot of blood and "after our medic (Doc Br) cleaned it up we figured I didn't have to go back to the Aid Station, so he [Doc Br] bandaged it up." The applicant states that later on that day he was given the Purple Heart, which he mailed home to his mother. He notes that at the time of his discharge he noticed that the award was not recorded on his separation document, but he was young and wanted to be discharged so he made no mention of the error. The applicant states that he has subsequently, over the years, thought about getting the error corrected but it was not until he located "a fox hole buddy" that he decided to pursue having his records corrected. In addition to his self-authored statement, the applicant submits a statement from another former soldier, and a photocopy of his Purple Heart Medal to support of his request.

3. The applicant's military personnel file was apparently lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed from alternative sources, including information provided by the applicant and information extracted from files maintained by the National Archives.

4. The applicant entered active duty on 25 August 1944 and was assigned to the European African Middle-Eastern Theater of Operations in February 1945. He was assigned to Company L of the 38th Infantry Regiment. On 24 April 1945 the applicant was awarded the Combat Infantryman Badge.

5. A regimental history document for the 38th Infantry Regiment was on file at the National Archives. That history, which was authored in January 1946, summarized the activities of the regiment during Calendar Year 1945. That document confirms that the applicant's unit crossed the Rhine River in early March 1945 and engaged enemy forces between 21 and 24 March. The document specifically notes that Company L was engaged in a "sharp fire fight" on 23 March 1945 which resulted in the capture of Ehlscheid, a small German town. Those same files contain an extensive listing of regimental members who were wounded or killed in action during March 1945, which was compiled in 1946. The applicant's name, however, is not among those reported as wounded in action.

6. The applicant was awarded the Army Good Conduct Medal on 22 June 1945 and in July 1945 returned to the United States. He was discharged by reason of demobilization on 22 June 1946 at Fort Sam Houston, Texas.

7. The applicant's separation document, which he authenticated, does not list the Purple Heart as an authorized decoration and item 34 (wounds received in action) reflects "None."

8. There were no service medical records available to the Board, or provided by the applicant.

9. The certified witness statement, submitted in support of the applicant's request, was authored in January 2000. The author notes that he was with the applicant at the time he sustained his injury and witnessed the fact that the applicant sustained an injury to his cheek when he was hit by "mortar shell fragments in a German town in early 1945." The author states that he saw the applicant's Purple Heart Medal. The author also submits a copy of his separation document, which confirms that he was a member of the applicant's unit during the period in question.

10. Additionally, documents from files at the National Archives confirm that the "Doc Br" who treated the applicant's wound was a member of the same infantry regiment and was awarded a Combat Medical Badge in May 1945, which was "effective" 2 September 1944.

11. 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.

12. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge or the Combat Medical Badge for service during World War II. Awards of the Bronze Star Medal based on an award of the Combat Infantry or Combat Medical Badge is commonly referred to as a conversion award.

CONCLUSIONS:

1. Notwithstanding the fact that there are no medical records to confirm that the applicant was wounded, or that his name was not among those reported as wounded in action by the regimental history authored in 1946, the Board is convinced that the applicant was wound on 23 March 1945. As such, the Board concludes that it would be appropriate to award him the Purple Heart.

2. The Board notes that unit history files and the witness statement from a former unit member are both consistent with the applicant's recollection of the events surrounding his injury. It is understandable that because he was treated by a medical corpsman that treatment would not have found its way onto a list of wounded individuals, particularly when that list appears to have been compiled nearly a year after the event occurred. The available evidence does confirm that the witness statement was authored by a member of the applicant's unit and the medical corpsman, who treated the applicant, was also a member of the applicant's regiment.

3. The Board also notes that the applicant is entitled to a Bronze Star Medal as a conversion award based on his Combat Infantryman Badge.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by awarding the individual concerned the Purple Heart for a wound sustained on 23 March 1945; and

b. by showing that he is entitled to the Bronze Star Medal as a conversion award.

BOARD VOTE:

__JLP___ __HOF__ __GJW__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Jennifer L. Prater ___
                  CHAIRPERSON




INDEX

CASE ID AR2002075312
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020723
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2012 | 20120021454

    Original file (20120021454.txt) Auto-classification: Approved

    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 | CY2003 | 2003083509C070212

    Original file (2003083509C070212.rtf) Auto-classification: Approved

    There is insufficient evidence medical documentation which confirms the applicant was wounded as a result of hostile action during World War II and as such, there is insufficient evidence on which to base an award of the Purple Heart. Although the Board was unable to confirm that the applicant was ever recommended for, or award, the Bronze Star Medal as a result of his actions during the sniper incident he related, he is entitled to an award of the Bronze Star Medal as a conversion award...

  • ARMY | BCMR | CY2012 | 20120022541

    Original file (20120022541.txt) Auto-classification: Approved

    The applicant's military records are not available to the Board for review. 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 wounds sustained in Germany on 27 March 1945; b. awarding him the Bronze Star Medal based on award of the CIB; c. adding the Purple Heart, Bronze Star Medal, and two bronze service stars to his already-awarded European-African-Middle Eastern Campaign Medal to his...

  • ARMY | BCMR | CY2002 | 2002077194C070215

    Original file (2002077194C070215.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 Board considered the service medical records provided in support of the applicant’s claim for award of the Purple Heart. The applicant signed his discharge document on 1 December 1945 attesting that he was not wounded in action and not entitled to award of the Purple Heart.

  • ARMY | BCMR | CY2006 | 20060015027C070205

    Original file (20060015027C070205.doc) Auto-classification: Denied

    The applicant’s military records are not available to the Army Board for Correction of Military Records (ABCMR) for review. The applicant provided supporting statements from a "comrade" that verify the applicant was wounded during Operation Varsity. There are no medical records available which show that the applicant was wounded or treated for wounds as a result of hostile action which occurred on 24 March 1945.

  • ARMY | BCMR | CY2007 | 20070014427

    Original file (20070014427.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2008 DOCKET NUMBER: AR20070014427 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 applicant requests the records of her deceased husband, hereafter referred to as the former service member (FSM), be corrected to show he served with the 513th Parachute Infantry Regiment (PIR), and his date of...

  • ARMY | BCMR | CY2001 | 2001062752C070421

    Original file (2001062752C070421.rtf) Auto-classification: Approved

    The applicant states, in effect, that for some reason his award of the PH was not made a part of his military records and that he wants it corrected. Therefore, the Board accepts the evidence noted in the Bronze Star Medal Citation as proof that he was wounded by hostile enemy fire and required treatment. The evidence of record shows the applicant was awarded the Bronze Star Medal for meritorious service.

  • ARMY | BCMR | CY2012 | 20120018342

    Original file (20120018342.txt) Auto-classification: Denied

    The applicant's military records are not available to the Board for review. His available records do not show he sustained a concussion during World War II but even if they did, the change is only retroactive to 11 September 2001. d. Notwithstanding his sincerity, there is no evidence in his record that shows he was wounded or injured as a result of hostile action or treated for such wounds. Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result...

  • ARMY | BCMR | CY2005 | 20050002709C070206

    Original file (20050002709C070206.doc) Auto-classification: Denied

    Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Army Occupation Medal with Germany Clasp.

  • ARMY | BCMR | CY2013 | 20130001099

    Original file (20130001099.txt) Auto-classification: Denied

    The FSM's military service records are not available to the Board for review. There is no evidence in the available military service records that shows the FSM was awarded the Purple Heart. The applicant contends that the FSM's records should be corrected to show award of the Purple Heart because he was a POW during World War II and he suffered injuries while in captivity.