| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Tracey L. Pinson | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: That he sustained a shrapnel wound in Lubbock, Texas, in 1944. He also contends that he was gassed in Lubbock, Texas, in 1944 and that he had double pneumonia in April 1945 at Camp Shanks, New Jersey. As a result of these incidents, he believes that he may be entitled to one, two or three awards of the Purple Heart.
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 the applicant was inducted on 29 July 1942. He served as a chemical noncommissioned officer in the European Theater of Operations from 28 April 1945 until approximately 15 August 1945 and was honorably discharged on
3 December 1945.
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 medical records in the available records.
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 noted the applicant’s contention that he might be eligible for the Purple Heart because he was wounded, gassed and developed double pneumonia in the United States during World War II. However, these incidents do not met the criteria for award of the Purple Heart.
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 3 December 1945 attesting to the fact that he was not wounded in action and was not entitled to award of the Purple Heart.
4. Based on the foregoing, the Board determined that there was insufficient evidence on which to base any award of the Purple Heart.
5. 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.
6. 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
KAK____ MHM____ TLP_____ DENY APPLICATION
| CASE ID | AR2002078412 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030128 |
| 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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