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ARMY | BCMR | CY2002 | 2002079160C070215
Original file (2002079160C070215.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 20 February 2003
         DOCKET NUMBER: AR2002079160

         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
Mr. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. Lester Echols Member
Mr. Allen L. Raub 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: In effect, that the Purple Heart (PH) be added to his records.

APPLICANT STATES: In effect, that he was injured in combat, but never received the PH. He claims to have received a shrapnel wound to his right hand. In support of his application, he provides copies of a Transcript of Military Record (DA Form 1569), Report of Separation (WD AGO Form 53), and two Honorable Discharge Certificates (WD AGO Form 55) with the accompanying Enlisted Records.

EVIDENCE OF RECORD: The applicant’s military personnel records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire. However, the evidence does include DA Form 1569 issued by the Department of the Army (DA) on 1 October 1981; a WD AGO Form 53 issued on 22 December 1943; and Honorable Discharge Certificates (WD AGO Form 55) and accompanying Enlisted Records, dated 15 August 1941 and 22 December 1943 respectively.

The DA Form 1569 confirms that the applicant was ultimately separated from active duty on 22 December 1943, by reason of a Certificate of Disability Discharge (CDD), at Kennedy General Hospital, Memphis, Tennessee. This document also shows that during his active duty tenure, he earned the following awards and decorations: Good Conduct Medal, American Defense Service Medal; American Campaign Medal; World War II Victory Medal; Honorable Service Lapel Button (WWII); Expert Marksmanship Qualification Badge with Rifle Bar; Bronze Star Medal; and Combat Infantryman Badge. The PH is not included in this list of authorized awards.

The Enlisted Record that accompanied the applicant’s Honorable Discharge Certificate of 22 December 1943 contains the entry “None” in response to the lead line “Wounds received in service”, which indicates he was never wounded in action while serving on active duty.

The available medical evidence includes a report from the National Archives and Records Administration (NARA), dated 24 September 2002. This document contains information from hospital admission cards created by the Office of the Surgeon General (OTSG) for the period 1942-1945. This listing shows that the applicant was initially admitted to the hospital in the Solomon Islands for a
non-combat related illness, which resulted in his being medically evacuated to the United States and ultimately separated from active duty with a CDD. There are also extensive medical treatment records that confirm this non-battle related illness; however, there are no medical records showing that the applicant was ever treated for a battle related wound or injury.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member of an Armed Forces who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed as a result of hostile action by an enemy. A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of enemy action. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and 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 notes the applicant’s contention that he is entitled to the PH for a combat related shrapnel wound to the right hand that he received during World War II. However, it finds insufficient evidence to support this claim.

2. The evidence of record confirms that the applicant was hospitalized and treated for a non-battle related illness that ultimately lead to his disability discharge. However, by regulation, in order to support an award of a PH there must be evidence confirming that the member was wounded or injured as a result of enemy action. The wound or injury must have been treated by military medical personnel, and this treatment must have been made a matter of official record. In this case, there are no medical or other official records to confirm that the applicant was ever wounded or injured in action or treated for a combat related wound or injury during his active duty tenure.

3. The Board wishes to advise the applicant that it does not question the veracity of his claim of entitlement to the PH. Further, it wishes to congratulate him on his outstanding service to our country during World War II. However, based on the lack of supporting records and evidence to support his contention that he was wounded/injured in action, the Board is regrettably compelled to deny his PH request. This action is taken in the interest of fairness and equity to all members who served during World War II and who face similar circumstances.

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

__JHL__ __ LE _ __ ALR __ DENY APPLICATION




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




INDEX

CASE ID AR2002079160
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2003/02/20
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1943/12/23
DISCHARGE AUTHORITY CDD
DISCHARGE REASON Disability
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 61 107.0015
2.
3.
4.
5.
6.



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