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ARMY | BCMR | CY2002 | 2002078107C070215
Original file (2002078107C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 April 2003
         DOCKET NUMBER: AR2002078107

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Ms. Barbara J. Ellis Member
Ms. Linda M. Barker Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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


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: In effect, that he was wounded in action during World War II. He only remembers that he was in Germany and his squad was going to the river. When he woke up in the field hospital, the doctor said, "You have a Purple Heart wound." In support of his application, he submits a letter of explanation, dated 2 August 2002; a copy of his WD AGO Form 53-55; an undated VA Form 21-4142 (Authorization and Consent to Release Information to the Department of Veterans Affairs); a newspaper article titled, "PVT. [applicant's name] BACK IN STATES"; three envelopes; a letter, dated 29 April 1945, from the applicant to his parents; a Birthday card; a letter, dated 14 May 1945, from the applicant to his parents; a letter, dated 9 May 1945, from the applicant to his parents; a post card, dated 12 November 1948, from the Veterans Administration; an undated letter from applicant to his parents; and a letter, dated 24 May 2002, from the Review Boards Agency in St. Louis, Missouri.

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 19 August 1944. He served as an instructor construction machine operator in the European Theater of Operations from
19 March 1945 through 31 May 1945 and was honorably discharged on 1 July 1945.

The applicant's WD AGO Form 53-55 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 which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

The historical files of Company L, 273rd Infantry Regiment, 69th Infantry Division located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Purple Heart.

In support of his claim for award of the Purple Heart, the applicant provided various letters and envelopes which indicate that he was hospitalized in 1945. However, this documentation does not show that the applicant was hospitalized as a result of hostile action.

The applicant also provided a newspaper article which shows that he was "wounded in Germany" and he was awarded the Purple Heart.

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 in action during World War II.

2. There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action.

3. The Board considered the documentation provided by the applicant which shows he was hospitalized in 1945. However, there is no evidence that the applicant was hospitalized as a result of hostile action.

4. The Board reviewed the newspaper article provided by the applicant in support of his claim for award of the Purple Heart. However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for wounds as a result of hostile action, the Board determined that the newspaper article is not sufficient as a basis for award of the Purple Heart.

5. The applicant signed his discharge document on 1 July 1946 attesting to the fact that he was not wounded in action or otherwise entitled to the Purple Heart.

6. Based on the foregoing, the Board determined that there was insufficient evidence on which to base award of the Purple Heart in this case.

7. 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.

8. 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

RJW____ BJE____ LMB_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002078107
SUFFIX
RECON
DATE BOARDED 20030408
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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