| Mr. Carl W. S. Chun | Director | |
| Mr. Luis Almodova | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Ms. Yolanda Maldonado | Member | |
| Mr. John P. Infante | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart.
APPLICANT STATES: In effect, that he would like to have the award for posterity.
COUNSEL CONTENDS: That the veteran alleges to have been wounded in action on 14 or 15 December 1944 in Aldorff, Germany. He was treated at an aid station close to Aldorff and was returned to the front lines. A record documenting the injury is not in the applicant's Department of Veterans Affairs (VA) claim folder; however, an examination on 2 November 2001 notes a small scarred area on the left posterior of the lower leg.
In support of his application, the applicant submitted a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge, with a date of separation of 15 November 1945; a copy of page 2 of a Department of Veteran's Affairs Ad Hoc Summary Board results, and two pictures of an individual's lower leg.
EVIDENCE OF RECORD: The applicant’s military records are not available and it is believed that they were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records.
Records available to the Board show he was inducted into the Army of the United States on 13 October 1942 and entered on active duty on 27 October 1942. The applicant’s WD AGO Form 53-55 shows that he served on active duty for 3 years and 20 days of which 1 year, 8 months, and 22 days were spent in the European Theater of Operations (ETO). He was honorably discharged in the grade of Sergeant under the provisions of Army Regulation 615-365, for the convenience of the government, at demobilization, on 15 November 1945.
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 separation document also shows the entry "None" in block 34 (Wounds Received in Action). The applicant provided no orders awarding him the Purple Heart.
Block 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55, shows that the applicant participated in the Northern France, Central Europe, and Rhineland Campaigns. Block 33, of this same form, shows that the applicant was awarded the Good Conduct Medal, Distinguished Unit Badge [correctly known as the Distinguished Unit Citation and now known as the Presidential Unit
Citation], the American Campaign Medal, the World War II Victory Medal, the Belgium Fourragere, and the European-African-Middle Eastern Campaign Medal with three bronze service stars. Block 55 (Remarks) shows he was issued the Lapel Discharge Button [properly known as the Honorable Service/Discharge Emblem].
No medical records were available for the Board to review. The Hospital Admission Card Data File, created by the Office of The Surgeon General, Department of the Army, and made available to the National Personnel Records Center, by the National Research Council, was reviewed for any information that would indicate support for the applicant's contentions that he was wounded in action and therefore eligible for award of the Purple Heart.
The decision reached by the Department of Veteran's Affairs (VA) Ad Hoc Summary Board is not known. The applicant was evaluated for scars, residuals of shell fragment wound of the left lower leg.
Pictures of an individual's lower leg submitted by the applicant do not have any identification, the date that the pictures were taken is not shown, and the source of the pictures (the photographer) is unknown.
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.
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 is entitled to award of the Purple Heart.
2. 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 United States, and therefore, he is not entitled to award of the Purple Heart.
3. No service medical records were available for the Board to review. The applicant's counsel pointed out that there are no records documenting the injury in the VA claims folder.
4. Notwithstanding the fact that the applicant was evaluated for scars, residuals of shell fragment wound of the left lower leg, and the pictures of an individual's lower leg, purported to be that of the applicant, the standards for award of service-related compensation and award of the Purple Heart are significantly different.
5. Review of the Hospital Admission Card Data File created by the Office of The Surgeon General failed to reveal any information showing that the applicant was wounded in action against a hostile force during World War II. No record of any hospitalization or treatment for a wound was found.
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
__ym____ ___ao___ __jpi____ DENY APPLICATION
| CASE ID | AR2003086416 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/07/24 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 46 | 107.0000 |
| 2. 61 | 107.0015 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2011 | 20110024144
The applicant provides a statement from his spouse and a VA rating decision as new evidence that will be considered by the Board. d. Reasonable doubt was resolved in favor of the applicant and it was determined he suffered shell fragment wounds to the left leg during combat in World War II that have resulted in the three tender scars of the left lower leg shown by objective findings during his latest VA examination. The available evidence shows the VA granted the applicant service...
ARMY | BCMR | CY2010 | 20100015319
He also requests item 6 (Organization) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show the 29th Infantry Division instead of the 769th Ordnance Light Maintenance Company. The applicant's military records are not available to the Board for review. In the absence of orders or other evidence of record showing that the applicant was injured and treated for wounds as a result of hostile action during World War II, the VA medical records provided by the...
ARMY | BCMR | CY2008 | 20080005768
Item 34 (Wounds Received in Action), of the WD AGO Form 53-55, shows the entry "None" to indicate the applicant was not wounded while he served in the Asiatic-Pacific Theater. There are no orders or evidence in the applicants available records that show he was awarded the Purple Heart. There is no evidence of record, and the applicant has provided insufficient evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile...
ARMY | BCMR | CY2010 | 20100026941
He states he was wounded in Italy. He submitted a VA Statement in Support of Claim in which he states he was operating a steam locomotive in Italy when they were attacked by the Bastion German Air Force. Therefore, there is insufficient evidence on which to base correcting his WD AGO Form 53-55 to show award of the Purple Heart.
ARMY | BCMR | CY2003 | 2003085691C070212
In support of his application, the applicant submitted a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation - Honorable Discharge, with a date of separation of 4 December 1945, a self-authored letter adding detail to his application, three witness statements, a certificate awarding him the Bronze Star Medal dated 26 February 1987, a copy of a Certificate of Merit awarded him by the Commander of the 99th Infantry Division, and three other documents. In this statement,...
ARMY | BCMR | CY2006 | 20060014180C071029
In support of her applications, the applicant submitted, in three submissions, addendums to the DD Form 149s, Application for Correction of Military Record; a copy of the FSM's WD AGO Form 53-55; a copy of the FSM's birth certificate; a copy of an application for pension or compensation, which was submitted to the Department of Veterans Affairs (VA), on 4 March 1946; a copy of a page extracted from the FSM's WD AGO Form 24, Service Record; a copy of a page she identified as having been...
ARMY | BCMR | CY2013 | 20130004986
The applicant, the son of a deceased former service member (FSM), requests, in effect, correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart. Based on award of the Combat Infantryman Badge, the FSM met the eligibility criteria for award of the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the...
ARMY | BCMR | CY2002 | 2002080207C070215
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. However, evidence of record shows that the applicant's unit received two awards of the Distinguished Unit Citation.
ARMY | BCMR | CY2002 | 2002081962C070215
Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 does not show award of the Purple Heart. The Board reviewed the statements submitted by the applicant and found the statement from the F Battery Executive Officer provided evidence that the applicant was wounded on the morning of 30 April 1943 near hill 609. After careful review of all the evidence, the Board determined that the statement by the F Battery Executive Officer combined with the Record of Events for the...
ARMY | BCMR | CY2003 | 2003083538C070212
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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the applicant's request for award of the Purple Heart to the FSM and noted the applicant's description of the FSM’s wounding.