| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: In effect, that he read an article in the American Legion Magazine that indicates prisoners of war may be eligible to receive the Purple Heart and 10 percent compensation for hardships they endured while in prison. He contends that with the change in Purple Heart eligibility, he believes he is entitled to an award of the Purple Heart. In support of his request, he submits numerous Department of Veterans Affairs (DVA) medical records.
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 31 August 1944. He served as a mail clerk in the European Theater of Operations from 25 January 1945 through 6 February 1946 and was honorably discharged on 20 February 1946.
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. 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 service medical records in the available records.
In support of his claim for award of the Purple Heart, the applicant provided numerous copies of DVA medical records, dated March 1971 to July 2001, relating to hearing loss. However, these medical records do not show that he was wounded or treated for wounds as a result of hostile action during World War II.
Army Regulation 600-8-22 (Purple Heart) 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 applicant’s contention pertaining to a magazine article that indicates prisoners of war may be eligible to receive the Purple Heart and 10 percent compensation for hardships they endured while in prison, appears to be without merit. There is no evidence of record which shows the applicant was a prisoner of war during World War II.
2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action during World War II.
3. The applicant signed his discharge document on 20 February 1946 attesting to the fact that he was not wounded in action and was not entitled to award of the Purple Heart. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.
4. 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.
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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
FNE____ LE______ TL______ DENY APPLICATION
| CASE ID | AR2002076385 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021121 |
| 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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