| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Arthur A. Omartian | Chairperson | ||
| Mr. Thomas Lanyi | Member | ||
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, that the Purple Heart (PH) be added to his record.
APPLICANT STATES: In effect, that he is entitled to receive the PH as a result of being injured in October 1944, while serving in Belgium. He states that he was sent to England for medical treatment and that the PH was awarded to him in the hospital.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant’s military 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 his records were lost in that fire. However, the Board has determined that there is sufficient documents available to allow a fair and impartial review of the case.
The available evidence includes two military finding reports pertaining to the applicant that were taken from Hospital Admission Cards created by the Office of the Surgeon General (OTSG), Department of the Army, for the year 1944. The first report confirms the applicant was admitted to a medical treatment facility in November 1944 and treated for a non-battle related injury to his tibia. The report confirms that the causative agent was a vehicle accident, and that the circumstances were non-battle related, and that his injury occurred while he was working on a detail.
The second OTSG report confirms that the applicant was admitted to a medical treatment facility in England in December 1944, and treated for a non-battle injury to his foot. The circumstances entry in this report confirms that the injury was non-battle related.
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 who has been wounded or killed in action. In order to support awarding a member the PH, it is necessary to establish that the wound or injury for which the award is being made was caused by or resulted from enemy action. The regulation also provides examples of wounds or injuries that do not support award of the PH. Included in this list are injuries that resulted from vehicle accidents not related to or caused by enemy action.
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 contentions that he was wounded in action and received the PH while hospitalized in England. However, if finds insufficient evidence to support this claim. By regulation, in order to support the award of the PH, there must be evidence to confirm the wound or injury for which the award is being made was the result of or caused by enemy action.
2. The evidence shows that the applicant was hospitalized twice while serving in the European Theater of Operations (ETO) during World War II. However, OTSG reports made available to the Board confirm that the injuries for which he was treated were non-battle related. Thus, the Board finds insufficient evidence to satisfy the regulatory burden of proof necessary to support award of the PH in this case.
3. The Board wishes to advise the applicant that it does not question the veracity of his claim that he was injured in the line of duty while serving in the ETO during World War II. However, based solely on the lack of supporting evidence to confirm his entitlement to the PH, it is compelled to deny the requested relief in the interest of equity and justice to all those who served during World War II and who faced 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
__HBO___ __TL__ __AO_ DENY APPLICATION
| CASE ID | AR2003086446 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | AR |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1 61 | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002066308C070402
She indicates that her uncle is asking that the records be corrected to show he was the driver of a jeep, and that his injury was combat related so that he may be awarded the PH. The applicant’s military records were not available to the Board for review. However, based on the lack of supporting records and evidence to support his contention that the jeep accident he was involved in was combat related, it is regrettably compelled to deny his PH request.
ARMY | BCMR | CY2005 | 20050004827C070206
The applicant requests, in effect, award of the Purple Heart (PH), and that his record be corrected to show he was wounded in action in 1944. The applicant’s military records are not available to the Board for review. However, absent any evidence (medical treatment records, eye-witness statements, or record entries) showing that he was ever wounded in action, or that he was ever treated for a combat related wound or injury by military medical personnel, the regulatory burden of proof...
ARMY | BCMR | CY2006 | 20060016379C071029
It states, in pertinent part, that in order to support award of the PH, there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound was treated by military medical personnel, and a record of this medical treatment must have been made a matter of official record. However, by regulation, in order to support award of the PH, there must be evidence a member was wounded/injured in action, was treated for the wound/injury by...
ARMY | BCMR | CY2003 | 2003085520C070212
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. During its original review of the case, the Board found the standard evidentiary records required for awarding the PH were not present. In the opinion of the Board, the War Department notification to the applicant’s mother, and to government officials from the State of Illinois, that the applicant had been wounded in action...
ARMY | BCMR | CY2004 | 2004103753C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 November 2004 DOCKET NUMBER: AR2004103753 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. By regulation, in order to support awarding the PH, there must be evidence a member was wounded/injured in action, was treated for the wound/injury by military...
ARMY | BCMR | CY2005 | 20050003292C070206
The separation document (WD AGO Form 53-55) issued to the applicant at the completion of his World War II service shows he was inducted into the Army and entered active duty on 5 June 1944. While the veracity of the applicant’s claim that he received a gunshot wound to his leg as a direct result of enemy action during World War II, and of the information contained in the third-party statement from his former commanding office is not in question, absent any evidence of record to corroborate...
ARMY | BCMR | CY2005 | 20050007632C070206
Karmin S. Jenkins | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. By regulation, in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action. The medical evidence confirms the injury the applicant received was non-battle related, and his separation document contains an entry confirming he was never wounded in action.
ARMY | BCMR | CY2006 | 20060012743C071029
The evidence of record includes military medical treatment records and OTSG Hospital Admission Records confirming that the applicant was hospitalized and treated for trench foot, deafness, and psychoneurosis/anxiety while on active duty. The applicant's military record is void of any entries or medical treatment records that indicate he received and/or was treated for a shrapnel wound while serving on active duty. As a result, the Board recommends that all Department of the Army records of...
ARMY | DRB | CY2005 | 20050011815
John M. Moeller | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. This case is being considered using reconstructed records, which primarily consist of the applicant’s WD AGO Form 53-55 and an OTSG Hospital Admission Record for 1944. By regulation, in order to support award of the PH, there must be evidence showing the wound for which the award is being made was received as a direct result of, or caused by enemy action,...
ARMY | BCMR | CY2001 | 2001060477C070421
The applicant’s military records were not available to the Board for review. Also on file is a military record finding report from the National Archives and Records Administration (NARA), dated 1 August 2001. The Board also finds the available evidence confirms that the applicant served with the 507 th Parachute Infantry Regiment in the ETO and that the unit listed in his separation document was likely a transitional unit to which he was assigned for movement and processing prior to his...