Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002078191C070215
Original file (2002078191C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 14 January 2003
         DOCKET NUMBER: AR2002078191

         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Ms. Jennifer L. Prater Member
Ms. Mae M. Bullock 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: Award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

APPLICANT STATES: That he received a recommendation for award of the Purple Heart, but it was never added to his DD Form 214. In support of his application, he submitted a copy of his DD Form 214 and a DA Form 638 (Recommendation for Award).

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted in the Army on 22 September 1942 and completed training as a truck driver. He served in Canada and France and was honorably discharged on 3 November 1945. He reenlisted on 4 November 1945 and completed training as an auto mechanic. He served in the European-African-Middle Eastern Theater of Operations and was honorably discharged on 3 November 1948. He later completed two tours in Germany and continued to serve on active duty through a series of reenlistments. The applicant completed over 20 years of honorable service and was retired on 31 August 1966 in the rank of sergeant major.

The applicant's service personnel records contain seven discharge documents. These discharge documents do not show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.

The applicant's DA Form 20 (Enlisted Qualification Record) prepared in May 1965 shows the entry "Shoulder Wound, Phosphorous…11 March 1945" in item 40 (Wounds). His DA Form 20 lists the Purple Heart in item 41 (Awards and Decorations).

His WD AGO Form 53-55 (Enlisted Record and Report of Separation), which covers the period 22 September 1942 through 3 November 1945, does not show the Purple Heart as an authorized award. Item 33 (Wounds Received in Action) on this discharge document shows the entry "None."

The applicant's Service Record (WD AGO Form 24), which covers the period 4 November 1945 through 3 November 1948, indicates that he was awarded the Purple Heart in April 1945.

His Service Record, which covers the period 22 September 1942 through 3 November 1945, does not show he was awarded the Purple Heart. This Service Record shows he arrived in Germany on 11 March 1945 and was not assigned to the 92nd Replacement Battalion until 14 March 1945.
There is no evidence of record available to the Board which shows the applicant was wounded on 11 March 1945 as a result of hostile action.

The applicant provided a copy of an undated Recommendation for Award of the Army Commendation Medal (First Oak Leaf Cluster). This document shows the entry "Purple Heart, Authority Unknown" in item 16 (Other U.S. Decorations Received).

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. 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 recommended for award of the Purple Heart for wounds sustained on 11 March 1945.

2. The Board noted that there are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. His discharge document covering the period 22 September 1942 through 3 November 1945, does not show the Purple Heart as an authorized award. Item 33 (Wounds Received in Action) on this discharge document shows the entry "None."

3. The Board noted that the WD AGO Form 53-55 covering the applicant’s service from 22 September 1942 through 3 November 1945, during which he contends that he was wounded, does not show any entries for award of the Purple Heart or wounds sustained in action or transfer to a hospital.

4. The Board also noted the entry on the applicant's WD AGO Form 24 (Service Record), covering the period 4 November 1945 through 3 November 1948, which shows the applicant was awarded the Purple Heart in April 1945. However, this document does not cover the period of service during which the applicant contends that he was wounded.

5. The Board noted the entry on the applicant's DA Form 20 (Enlisted Qualification Record) prepared in 1965 which shows he sustained a shoulder wound on 11 March 1945.

6. The Board also noted the undated recommendation for award which shows the entry under previous awards listing the Purple Heart.

7. The Board also noted the entries on the applicant’s service records which show he arrived in Germany on 11 March 1945 and was not assigned to the 92nd Replacement Battalion until 14 March 1945.

8. Upon careful review of all the evidence in this case, the Board has determined that there is no basis for correcting the applicant's records to show award of the Purple Heart. There is no evidence on any official record which properly authorizes award of the Purple Heart or authenticates wounds sustained in action. Records of assignment shows that the applicant did not arrive in Germany until 11 March 1945 and that he was not assigned to a unit until 14 March 1945. The only documents which show entries for the Purple Heart were made after the fact and do not make reference to a date, unit or official order.

9. 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.

10. 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

MKP____ JLP_____ MMB____ DENY APPLICATION



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




INDEX

CASE ID AR2002078191
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030114
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2004 | 20040000820C070208

    Original file (20040000820C070208.doc) Auto-classification: Approved

    Item 26, of his DD Form 214, shows that he was awarded the Army Commendation Medal. The applicant's final DD Form 214, which was issued on his retirement on 31 March 1962, has an entry in Item 27, "France, World War II"; however, this entry is not corroborated by any documentary evidence to show that he was wounded in action with enemy forces or that he was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2001 | 2001065730C070421

    Original file (2001065730C070421.rtf) Auto-classification: Approved

    The applicant’s WD AGO Form 53 (Enlisted Record), which covers his service as an enlisted member during the period 4 November 1942 through 15 January 1945, does not show the Purple Heart as an authorized award. Therefore, the applicant is entitled to correction of his WD AGO Form 53 (Enlisted Record) to show this unit citation. Therefore, the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his WD AGO Form 53-98 (Military Record and Report...

  • ARMY | BCMR | CY2004 | 2004106089C070208

    Original file (2004106089C070208.doc) Auto-classification: Approved

    The applicant requests that his deceased father, a former service member (FSM) be awarded the Purple Heart and the Prisoner of War Medal. Consequently, the FSM is entitled to the posthumous award of the Prisoner of War Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by posthumous award of the Prisoner of War Medal and the Army of Occupation Medal with Germany clasp.

  • ARMY | BCMR | CY2012 | 20120000286

    Original file (20120000286.txt) Auto-classification: Denied

    The applicant's records are not available to the Board for review. His service medical records are not available for review with this case. Regrettably, notwithstanding the applicant's sincerity, in the absence of additional documentation, such as a report of medical examination, repatriation physical, witness statements, morning reports, or other documentary evidence that conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated...

  • ARMY | BCMR | CY2002 | 2002081052C070215

    Original file (2002081052C070215.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. In this letter, the FSM states that while repairing a bridge his unit got pinned down by small arms and his right heel was injured when a box car ran over it. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

  • ARMY | BCMR | CY2007 | 20070017339

    Original file (20070017339.txt) Auto-classification: Approved

    The applicant's military service records are not available to the Board for review. It states, in pertinent part, that the Purple Heart is awarded to any member who has been wounded or killed in action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 23 October 1943 to 13 June 1945; and b. adding to Item 29 of...

  • ARMY | BCMR | CY2003 | 03095774C070212

    Original file (03095774C070212.rtf) Auto-classification: Denied

    He was discharged on 29 July 1945. However, in view of the fact that the board was not established until 2 January 1947 the applicant’s 3 year period in which to file an application for correction of military records expired on 2 January 1950, 3 years from the date the Board was established. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.

  • ARMY | BCMR | CY2009 | 20090019197

    Original file (20090019197.txt) Auto-classification: Approved

    The applicant's military service records are not available to the Board for review. There is no evidence in the applicant's available military service records that shows he was awarded the Purple Heart. * The applicant contended that the shrapnel located in the jaw regions on the right side of his face and mouth originated from a shrapnel wound which he sustained during World War II while serving as a combat infantryman.

  • ARMY | BCMR | CY2014 | 20140007017

    Original file (20140007017.txt) Auto-classification: Denied

    The applicant, the son of a deceased former service member (FSM), requests that the FSM be awarded the Purple Heart. The evidence shows that the FSM's records contain administrative errors which do not require action by the Board. Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by: * posthumously awarding the FSM the Bronze Star Medal based on his award of the Combat Infantryman Badge * adding to item 33 of his WD AGO Form...

  • ARMY | BCMR | CY2006 | 20060014180C071029

    Original file (20060014180C071029.doc) Auto-classification: Approved

    In support of her applications, the applicant submitted, in three submissions, addendums to the DD Form 149s, Application for Correction of Military Record; a copy of the FSM's WD AGO Form 53-55; a copy of the FSM's birth certificate; a copy of an application for pension or compensation, which was submitted to the Department of Veterans Affairs (VA), on 4 March 1946; a copy of a page extracted from the FSM's WD AGO Form 24, Service Record; a copy of a page she identified as having been...