| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Roger W. Able | Chairperson | |
| Ms. Karen Y. Fletcher | Member | |
| Mr. Bernard P. Ingold | Member |
APPLICANT REQUESTS: Correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.
APPLICANT STATES: That he has a piece of shrapnel in his neck for which he was not awarded the Purple Heart. He contends that the Department of Veterans Affairs (DVA) has rated this wound as service connected.
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 enlisted on 6 August 1940. He served as a special vehicle operator in the European Theater of Operations from 13 November 1942 through 19 July 1945 and was honorably discharged on 30 July 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.
The available records contain DVA medical records which indicate that a metallic fragment, clinically diagnosed as shrapnel, was removed from the applicant’s neck on 10 March 1978. However, there is no evidence that this metallic fragment was the result of hostile action.
The available records also contain DVA documentation, dated 29 November 1978, which states, “Your service-connected residuals, shell fragment wound, left neck remains rated 0% disabling and compensation is not payable.”
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 has a piece of shrapnel in his neck for which he was not awarded the Purple Heart.
2. The Board considered the DVA medical documentation which indicates that a metallic fragment, clinically diagnosed as shrapnel, was removed from the applicant’s neck on 10 March 1978. However, this medical documentation prepared almost 33 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 in action during World War II.
3. The applicant signed his discharge document on 30 July 1945 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart.
4. The Board also noted the DVA documentation which shows that the applicant was awarded service connected disability compensation for a shell fragment wound to his left neck. However, there is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.
5. Based on the foregoing, the Board determined that there is insufficient evidence upon 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
RWA___ KYF_____ BPI_____ DENY APPLICATION
| CASE ID | AR2002077670 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021212 |
| 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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