Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003084299C070212
Original file (2003084299C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 25 SEPTEMBER 2003
         DOCKET NUMBER: AR2003084299

         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
Ms. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Linda D. Simmons Member
Ms. Regan K. Smith 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: Award of the Purple Heart.

APPLICANT STATES: He sustained a shrapnel wound to his left thigh in April 1945 and was treated at the 100th General Field Hospital in France. In support of his request he submits his self-authored statement and a December 2002 statement from his family physician. The statement from the family physician indicates that the applicant has a scar on his left thigh that is “likely or not” associate with being wounded in Germany during World War II. He notes that the scar is “consistent with bullet or shrapnel wound.”

EVIDENCE OF RECORD: The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed from alternative sources, including information provided by the applicant.

The applicant entered active duty on 5 March 1943 and served in the European Theater of Operations between March 1944 and October 1945. The applicant also served for 12 months within the continental United States.

The applicant states that while in Europe he was assigned to the 35th Tank Battalion of the 4th Armored Division. However, his separation document indicates that he was assigned to the 16th Tank Battalion at the time of his separation from active duty on 22 October 1945.

There were no service medical records available to the Board, or provided by the applicant. His War Department Adjutant General Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), which he authenticated, does not reflect entitlement to the Purple Heart, and item 34 (wounds received in action) reflects “NONE.”

A review of the historical files of the 4th Armored Division and the 100th General Field Hospital, maintained at the Achieves in College Park, Maryland, were reviewed, but failed to confirm that the applicant was wounded as a result of hostile action during World War II.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.





Although the statement submitted by the applicant’s family physician does indicate that the applicant has a scar on his thigh and that it is “consistent” with a shrapnel or bullet wound, there is no evidence confirming the source of the scar.

Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal. This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the Continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

Army Regulation 600-8-22 also provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

The American Campaign Medal and the World War II Victory Medal were both omitted from the applicant’s separation document.

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. There is no medical evidence submitted by the applicant, or available to the Board, which confirms that the applicant was wounded as a result of hostile action during World War II.

2. Although the applicant’s family physician indicates that the scar of the applicant’s thigh is consistent with a bullet or shrapnel wound, the Board concludes that in the absence of more definitive evidence that the applicant was in fact wounded as a result of hostile action, there is insufficient evidence on which to base an award of the Purple Heart.

3. 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 that requirement.





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.

NOTE: Officials at the Army Review Boards Agency Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the American Campaign Medal and the World War II Victory Medal.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__JNS __ __LDS __ __RKS __ DENY APPLICATION



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




INDEX

CASE ID AR2003084299
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030925
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. 107.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002069815C070402

    Original file (2002069815C070402.rtf) Auto-classification: Approved

    This medical document is dated 7 September 1945. Evidence of record shows the 772d Tank Destroyer Battalion received occupation service credit for Germany while the applicant was assigned as a member of that unit. Therefore, the applicant is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his records to show this award.

  • ARMY | BCMR | CY2002 | 2002076180C070215

    Original file (2002076180C070215.doc) Auto-classification: Approved

    He requests that the form show that he participated in the Tarawa Campaign during World War II, and that he was wounded in action by shrapnel to his right thigh. There is insufficient evidence to grant the applicant’s request to correct his WD AGO Form 53-55 to show that he was wounded in action, and to award the applicant the Purple Heart; notwithstanding the authorization by the Army Reserve Personnel Center on 9 September 1992 to issue the Purple Heart to the applicant. Therefore, the...

  • ARMY | BCMR | CY2009 | 20090020549

    Original file (20090020549.txt) Auto-classification: Approved

    There is no evidence in the available military service records that shows the applicant was awarded the Purple Heart. Records also show the NPRC authorized the applicant the POW Medal; however, his discharge document was not corrected to show the award. 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 Purple Heart for wounds received in action in the ETO on 7 August 1944; and b. correcting...

  • ARMY | BCMR | CY2012 | 20120018342

    Original file (20120018342.txt) Auto-classification: Denied

    The applicant's military records are not available to the Board for review. His available records do not show he sustained a concussion during World War II but even if they did, the change is only retroactive to 11 September 2001. d. Notwithstanding his sincerity, there is no evidence in his record that shows he was wounded or injured as a result of hostile action or treated for such wounds. Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result...

  • ARMY | BCMR | CY2002 | 2002081690C070215

    Original file (2002081690C070215.rtf) Auto-classification: Denied

    [The applicant's records provided by the National Personnel Records Center contained a DD Form 149 (Application for Correction of a Military Record), dated 6 April 1998 and signed by a Veterans Service Officer for the American Legion. In the discussion of the claim, the rating decision stated that service medical records were negative for evidence of a left hand injury during active military service. The Board considered the applicant's request for award of the Purple Heart as stated in...

  • ARMY | BCMR | CY2013 | 20130013081

    Original file (20130013081.txt) Auto-classification: Approved

    The applicant requests the WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) of her uncle, a former service member (FSM), be corrected to show the European-African-Middle Eastern Campaign Medal with four bronze service stars and Purple Heart. Her uncle stated that he was blown out of three tanks which have left him with a lifetime of problems with his arm and shoulder. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 9...

  • ARMY | BCMR | CY2010 | 20100022147

    Original file (20100022147.txt) Auto-classification: Denied

    The applicant provides copies of the following documents: * his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) * his Honorable Discharge Certificate * two statements from his former first sergeant (1SG) and a former squad member * a handwritten paper showing he was WIA (Wounded in Action) * a WD AGO Form 1 (Morning Report) * a map of the 28th Infantry Regiment's movement in Germany CONSIDERATION OF EVIDENCE: 1. The applicant sustained gunshot wounds to...

  • ARMY | BCMR | CY2012 | 20120000580

    Original file (20120000580.txt) Auto-classification: Denied

    The applicant, the widow of a deceased former service member (FSM), requests: * Award of a Purple Heart on behalf of her spouse * Correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Purple Heart * Correction of Item 34 (Wounds Received in Action) of the FSM's WD AGO Form 53-55 to show the entry "Wounded in Action" 2. The FSM's WD AGO Form 53-55 does not show and the applicant has not provided any evidence that shows the FSM...

  • ARMY | BCMR | CY2003 | 03092669C070212

    Original file (03092669C070212.rtf) Auto-classification: Approved

    That form does not show award of the Purple Heart, nor that he was wounded in action. There is insufficient evidence to grant the applicant's request for award of the Purple Heart for her deceased husband. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded, the Bronze Star Medal with "V" device, the World War II Victory Medal, the Army of Occupation Medal with "Germany" clasp, the American...

  • ARMY | BCMR | CY2014 | 20140017017

    Original file (20140017017.txt) Auto-classification: Approved

    The applicant requests correction of the records of his deceased father, a former service member (FSM), to show he was wounded in action and awarded the Purple Heart. He also requests, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separations – Honorable Service) to show: * the FSM's prisoner of war (POW) status * Purple Heart and POW Medal 2. As a result, the Board recommends that all Department of the Army records of the individual concerned be...