Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002079114C070215
Original file (2002079114C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 April 2003
         DOCKET NUMBER: AR2002079114


         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.

Mr. Carl W. S. Chun Director
Ms. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Melvin H. Meyer Chairperson
Mr. Curtis L. Greenway Member
Ms. Mae M. Bullock Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was awarded the Purple Heart for wounds received during World War II.

3. The applicant states that he was never issued the Purple Heart due to his combat situation. He was treated at the Batavia Veterans Administration Medical Clinic (VAMC) in Batavia, New York. His scar is consistent with an injury received from a shrapnel wound. In support of his application, he submits a copy of his WD AGO Form 53-55 and letter from the Department of Veterans Affairs (DVA), Batavia Site. He provides no account on where, when, or under what circumstances he was wounded.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show he entered active duty on 21 January 1942, as a field lineman (641). He served in the European-African-Middle Eastern Theater of Operations from 22 June 1942 to 29 October 1945, and continued to serve until he was honorably discharged on 19 November 1945.

5. The applicant’s WD AGO Form 53-55 shows that he was awarded the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Good Conduct Medal, and the World War II Victory Medal.

6. The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received In Action) of the applicant’s
WD AGO Form 53-55, which was authenticated in his own hand, shows the entry "None." There is no record that the applicant was awarded the Purple Heart. There also is no indication that he was wounded as a result of hostile action.

7. The applicant’s records contain three Surgeon General’s Office (SGO) Hospital Listings, which show that the applicant was admitted to the hospital on three occasions and was treated for disease, not a wound or injury as a result of enemy action.

8. The applicant provided a copy of a letter from DVA, Batavia Site, dated 6 August 2002. The letter references that the applicant stated that in November 1944, while serving in France, he suffered a shrapnel wound of the back and was treated on the battlefield by medics. During his recent visit, a scar was observed on the applicant's back and in the opinion of the nurse; the applicant was eligible for award of the Purple Heart as a result of his injury.





9. The applicant's medical records are unavailable for review by the Board.

10. A DA Form 1577, dated 18 April 1995, shows that the Army Reserve Personnel Center (ARPERCEN) in St. Louis, Missouri, determined the applicant was authorized to be issued the Meritorious Unit Emblem and the Army of Occupation Medal with Germany Clasp.

11. 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.

CONCLUSIONS:

1. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was injured or wounded due to hostile action during World War II. Therefore, is no basis to approve an award of the Purple Heart.

2. The Board notes the only SGO Listings contained in the applicant's record diagnosed him as having a disease during WWII, not a wound or injury as a result of enemy action. 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. However, there are no medical records available for review to substantiate the applicant's claim on the origin of the scar.

3. The evidence of record shows that the applicant was eligible for the Meritorious Unit Emblem and the Army of Occupation Medal with Germany Clasp. Therefore, he is entitled to correction of his records to show these awards.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below

RECOMMENDATION
:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Meritorious Unit Emblem and the Army of Occupation Medal with Germany Clasp.




2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__mm___ __cg___ __mb___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Melvin H. Meyer____
                  CHAIRPERSON



INDEX

CASE ID AR2002079114
SUFFIX
RECON
DATE BOARDED 20030422
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19451119
DISCHARGE AUTHORITY AR 615-365
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 61
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 | CY2007 | 20070008890

    Original file (20070008890.txt) Auto-classification: Denied

    There is no medical evidence of record, and the applicant has provided insufficient evidence, which shows he was injured or wounded due to hostile action during World War II. The evidence of record shows that the applicant's unit of assignment served a period of qualifying service for award of the Army of Occupation Medal, with Germany Clasp. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the World War...

  • ARMY | BCMR | CY2004 | 2004103785C070208

    Original file (2004103785C070208.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, with an effective date of 21 December 1945 shows, in Item 33 (Decorations and Citations), that he was awarded the Purple Heart; the European-African-Middle Eastern Campaign Medal; the Good Conduct Medal; the World War II Victory Medal, and a bronze service arrowhead [correctly known as a...

  • ARMY | BCMR | CY2013 | 20130018550

    Original file (20130018550.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's record to show the Purple Heart and any other medals or awards he earned. She provides: * the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * the FSM's Certificate of Death * e-mail correspondence * a letter from the National Personnel Records Center...

  • ARMY | BCMR | CY2010 | 20100029801

    Original file (20100029801.txt) Auto-classification: Denied

    The applicant, the daughter of a former service member (FSM) to whom the FSM has given general power of attorney, requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he was awarded the Purple Heart and to show he received wounds in combat. The FSM's military record is not available to the Board for review. Therefore, the Board requests that the Case Management Division administratively correct the records of the FSM by...

  • ARMY | BCMR | CY2005 | 20050003165C070206

    Original file (20050003165C070206.doc) Auto-classification: Denied

    The applicant states, in his application, in effect, that he has been receiving a ten percent disability for over 40 years; yet, he has no Purple Heart. Form 221, Report of Physical Examination and Induction, dated 23 September 1942; a WD AGO Form 38, Report of Physical Examination of Enlisted Personnel – Prior Discharge, Release from Active Duty or Retirement, dated 8 December 1945; and a WD AGO Form 284, Request for Clinical Records, dated 13 August 1946. In the absence of evidence to...

  • ARMY | BCMR | CY2011 | 20110005903

    Original file (20110005903.txt) Auto-classification: Approved

    The applicant requests his records be corrected to show he was awarded the Purple Heart 2. The applicant contends his records should be corrected to show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the following awards to the list of awards in item 33 of the applicant’s WD AGO Form 53-55: * Purple Heart * European-African-Middle Eastern Campaign Medal with three bronze service...

  • ARMY | BCMR | CY2009 | 20090008431

    Original file (20090008431.txt) Auto-classification: Approved

    This foreign unit award is not shown on the applicant's WD AGO Form 53-55 despite the fact an entry appears on a WD AGO Form 24-3 (Service Record) on file in the applicant's service record. The applicant served on active duty as a member of the Army of the United States during the qualifying period for award of the World War II Victory Medal. 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...

  • ARMY | BCMR | CY2003 | 2003086416C070212

    Original file (2003086416C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant's WD AGO Form 53-55, which is authenticated in his own hand, does not show the Purple Heart in block 33 (Decorations and Citations). The applicant's WD AGO Form 53-55, prepared at the time of the applicant's separation from the Army, and which the applicant authenticated in his own hand, shows that he was not wounded in action against a hostile enemy of the...

  • ARMY | BCMR | CY2013 | 20130022289

    Original file (20130022289.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Purple Heart and correction of his record to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds he received on 3 January 1945; b. awarding him the Bronze Star Medal based on his award of the CIB; and c. amending his WD AGO Form 53-55 as...