| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Ms. Jennifer L. Prater | Member | |
| Ms. Mae Bullock | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That he was never awarded the Purple Heart although he suffered a hearing injury in combat. He contends that, in combat, a soldier did not have the luxury of “seeing to the paperwork” and that his injury was bad but not bad enough for him to be sent to the rear. In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and two Rating Decisions, dated 25 March 2002 and 5 April 2002, from the Department of Veterans Affairs (DVA).
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 10 February 1943. He served as a cannoneer in the European Theater of Operations from 25 February 1944 until approximately
28 October 1945 and was honorably discharged on 1 November 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.
There are no service medical records in the available records.
In support of his claim for award of the Purple Heart, the applicant provided two DVA Rating Decisions relating to hearing problems. These decisions show that the DVA determined that tinnitus (noise in the ears) and defective hearing were related to the applicant’s military service and that service connection was granted for both conditions. However, these rating decisions do not show that the applicant was wounded or treated for wounds as a result of hostile action during World War II.
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 suffered a hearing injury in combat. The Board also considered the DVA documentation provided by the applicant in support of his claim for award of the Purple Heart. However, there is no evidence of record available to the Board which shows that the applicant was wounded or treated for wounds as a result of hostile action during World War II.
2. The applicant signed his discharge document on 1 November 1945 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.
3. 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.
4. 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_____ MB______ DENY APPLICATION
| CASE ID | AR2002078216 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030114 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003085443C070212
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. The regulation also specifically states that trench foot will not be considered as meriting award of the Purple Heart. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was diagnosed with frostbite during World War II.
ARMY | BCMR | CY2001 | 2001059659C070421
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. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War (POW) Medal. Therefore, he is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this award.
ARMY | BCMR | CY2003 | 2003087353C070212
The Board considered the following evidence: 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. 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.
ARMY | BCMR | CY2002 | 2002082244C070215
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. Also, the Board notes that the applicant's WD AGO Form 53-55 shows one bronze service star as an authorized award. Medical evidence of record shows the applicant was diagnosed with trench foot on 22 October 1944.
ARMY | BCMR | CY2002 | 2002079114C070215
There is no record that the applicant was awarded the Purple Heart. The applicant's medical records are unavailable for review by the Board. The letter from the DVA, Batavia Site, discusses a scar on the applicant's back and in their opinion felt that the applicant was eligible for award of the Purple Heart.
ARMY | BCMR | CY2005 | 20050001610C070206
The applicant requests, in effect, three awards of the Purple Heart (correctly known as Purple Heart with Second Oak Leaf Cluster); correction of item 34 (Wounds Received in Action) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he was wounded three times; and correction of item 41 (Service Schools Attended) on his WD AGO Form 53-55 to show he attended Washington State College. There is no evidence in the available records that shows the applicant was awarded...
ARMY | BCMR | CY2005 | 20050001610C070206
The applicant requests, in effect, three awards of the Purple Heart (correctly known as Purple Heart with Second Oak Leaf Cluster); correction of item 34 (Wounds Received in Action) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he was wounded three times; and correction of item 41 (Service Schools Attended) on his WD AGO Form 53-55 to show he attended Washington State College. There is no evidence in the available records that shows the applicant was awarded...
ARMY | BCMR | CY2002 | 2002081690C070215
[The applicant's records provided by the National Personnel Records Center contained a DD Form 149 (Application for Correction of a Military Record), dated 6 April 1998 and signed by a Veterans Service Officer for the American Legion. In the discussion of the claim, the rating decision stated that service medical records were negative for evidence of a left hand injury during active military service. The Board considered the applicant's request for award of the Purple Heart as stated in...
ARMY | BCMR | CY2005 | 20050003448C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 October 2005 DOCKET NUMBER: AR20050003448 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’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...
ARMY | BCMR | CY2002 | 2002073322C070403
The DVA rating decision, dated 23 February 2000, does not indicate that the applicant’s medical records show he was wounded or treated for wounds. However, his records do not show award of the Bronze Star Medal. The rating decision also does not state that service medical records were available to support evidence of wounds or treatment of wounds.