| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Thomas Lanyi | Member | |
| Mr. Bernard P. Ingold | Member |
APPLICANT REQUESTS: Correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.
APPLICANT STATES: That he received wounds due to enemy action on or about 27 December 1944 in Bastogne, Belgium. He also contends that the Purple Heart medal was awarded to him after his separation from the Army. In support of his application, he submits a request for award of the Purple Heart, dated 12 July 1945; a photograph of a Purple Heart medal; and an undated certificate from an individual who treated his wounds.
EVIDENCE OF RECORD: The applicant's military records were destroyed or lost during the National Personnel Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 4 May 1942. He served as a welder in the European Theater of Operations from 31 January 1944 through 6 September 1945 and was honorably discharged on 19 September 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 are no orders for the Purple Heart in the available records.
There is no evidence in the available records that shows the applicant was injured or wounded as a result of hostile action during World War II.
The applicant provided a copy of his request for award of the Purple Heart, dated 12 July 1945, to the Surgeon General of the 101st Airborne Division. The applicant requested award of the Purple Heart for wounds received due to enemy action on or about 27 December 1944 in Bastogne, Belgium.
The applicant also provided a copy of an undated certificate from an individual attesting that he treated the applicant for wounds received due to enemy action on or about 27 December 1944 in Bastogne, Belgium.
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 received wounds due to enemy action on or about 27 December 1944.
2. There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action during World War II.
3. The Board noted the applicant's 1945 request for award of the Purple Heart to the Surgeon General of the 101st Airborne Division.
4. The Board also considered the certificate provided in support of the applicant's claim for award of the Purple Heart. However, this certificate is not sufficient by itself as a basis for award of the Purple Heart, in view of evidence of record which shows the applicant was not wounded.
5. The applicant signed his WD AGO Form 53-55 on 19 September 1945 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base award of the Purple Heart in this case.
6. 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.
7. 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
JNS____ TL______ BPI_____ DENY APPLICATION
| CASE ID | AR2002079565 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030429 |
| 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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