Mr. Carl W. S. Chun | Director | |
Mr. Richard P. Nelson | Analyst |
Mr. Raymond J. Wagner | Chairperson | |
Mr. Melvin H. Meyer | Member | |
Ms. Margaret V. Thompson | Member |
APPLICANT REQUESTS: In effect, correction of his military records to show award of the Purple Heart.
APPLICANT STATES: That he was wounded while on maneuvers in North Carolina on 27 November 1941.
EVIDENCE OF RECORD: 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 consist of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and copies of information derived from the hospital admission cards of the Office of The Surgeon General, commonly referred to as the "SGO Files.”
The available records show that the applicant was inducted on 8 March 1941 and completed training as a Radio Operator (High Speed). He arrived in the European-African-Middle Eastern Theater of Operations on 7 January 1945. The applicant returned to the United States on 19 November 1945, and was separated from the service on 24 November 1945. His WD AGO Form 53-55 shows that he is entitled to the following awards: the Army Good Conduct Medal; the European-African-Middle Eastern Campaign Medal; the American Defense Service Medal; the American Campaign Medal; and, the World War II Victory Medal.
Item 33 (Decorations and Citations) of the applicant’s WD AGO Form 53-55, which is authenticated in his own hand, does not show entitlement to award of the Purple Heart. Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 contains the entry, "None."
There are no orders in the available records which show that the applicant was awarded the Purple Heart and the applicant has not provided a copy of orders awarding him the Purple Heart.
There are no medical documents in the available records, to include the SGO Files, which show that the applicant was wounded, or treated for wounds, as a result of hostile action.
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 applicant authenticated his WD AGO Form 53-55, which did not show award of the Purple Heart or wounds sustained in action.
2. There are no medical records that show the applicant was wounded, or treated for wounds, as a result of hostile action.
3. There are no orders which awarded the applicant the Purple Heart.
4. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base 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
__mhm __ ____mvt_ ____rjw__ DENY APPLICATION
CASE ID | AR2003084078 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20030930 |
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
DATE OF DISCHARGE | YYYYMMDD |
DISCHARGE AUTHORITY | AR . . . . . |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | |
2. | |
3. | |
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