| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Melvin H. Meyer | Chairperson | ||
| Mr. William D. Powers | Member | ||
| Mr. Frank C. Jones | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: That he received wounds from a right leg injury on 18 July 1944, while stationed in Carentan, France with the 4264th Quartermaster Truck Company. In support of his application he submits a copy of his report of separation (WD AGO Form 53-55) and his approved claim for a disability pension from the Department of Veterans Affairs (VA).
EVIDENCE OF RECORD: The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records. However, his WD AGO Form shows:
He was inducted on 17 September 1943 and entered active duty in Utica, New York, on 8 October 1943. He completed his training as a light truck driver and was transferred to the European Theater of Operations (ETO) on 21 May 1944. He was advanced from the rank of private first class (PFC) to the rank of Technician fifth class (TEC 5) on 31 December 1945.
He served in the Ardennes, Central Europe, Normandy, Northern France and Rhineland campaigns and was returned to the United States on 28 January 1946.
On 5 February 1946, he was honorably discharged in the rank of TEC 5, at Fort Dix, New Jersey. He had served 2 years, 2 months and 10 days of total active service. His WD AGO Form 53-55 indicates in block 34 "Wounds Received in Action", that he had "None". The applicant authenticated this form at the time of his discharge.
The VA document submitted by the applicant with his application indicates that the applicant's claim for a disability pension was approved on 1 February 1984 for service connection for scars.
A review of the reconstructed records shows that for the past 20 years, the applicant had made several inquiries attempting to obtain medical records to document his claim for entitlement to the Purple Heart. In April 1990, a search of morning reports, situation reports and hospital admission files for a 6-month period was made of the applicant's unit and that search contained no entries to verify the applicant's claim.
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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was 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. 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.
2. While the Board regrets that the applicant's records were destroyed in the 1973 fire at the National Personnel Records Center, there is no evidence present for the Board to review to determine if in fact that applicant was wounded as a result of enemy action and that the medical treatment was made a matter of record.
3. Inasmuch as the applicant authenticated his report of separation at the time of discharge, indicating that he had no wounds received in action, the Board must presume in the absence of evidence to the contrary that such was the case.
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
___fcj___ __wdp___ __mm___ DENY APPLICATION
| CASE ID | AR2003088875 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/10/21 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 107.0015 | 61/PH |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003090569C070212
Block 31 (Military Qualification and Date) of the applicant's WD AGO Form 53-55 shows that he was awarded the Combat Infantryman Badge. It would be appropriate to correct the applicant's WD AGO From 53-55 and include a record of his being wounded in action during World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the Bronze Star Medal and the Purple Heart to the applicant's WD AGO Form 53-55;
ARMY | BCMR | CY2006 | 20060006199C070205
The applicant’s military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. The medical evidence of record and the Western Union telegram which show the applicant was wounded as a result of hostile action on 31 July 1944 in France are accepted as sufficient evidence on which to award the Purple Heart.
ARMY | BCMR | CY2001 | 2001065977C070421
The applicant requests that his records be corrected to reflect his award of the Purple Heart. Accordingly, that award should be entered in his records at this time. RECOMMENDATION : That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart, the BSM, the CIB and the POW Medal.
ARMY | BCMR | CY2011 | 20110006613
His records were burned in the National Personnel Records Center (NPRC) fire on 12 July 1973 and only partial records remain. The applicant's complete military records are not available to the Board for review. In the absence of corroborating evidence of record which shows the applicant was wounded or injured as a result of hostile action during World War II, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2003 | 2003091778C070212
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 June 2004 DOCKET NUMBER: AR2003091778 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 Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of...
ARMY | BCMR | CY2007 | 20070002722
The applicant's military service records are not available to the Board for review. The applicant's military service records contain a copy of WD AGO Form 106 (Request for Decoration and/or Citation), dated 5 October 1945, which shows the applicant initiated a claim for award of the Purple Heart for injuries sustained on 4 September 1944. 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...
ARMY | BCMR | CY2002 | 2002076696C070215
In the absence of evidence to explain either wounding, the Board will assume for purposes of correcting his records, that he was wounded on both 17 July and 8 August 1944, and award him a Purple Heart for each wound. Consequently, there is no basis for the Board to consider awarding him the POW Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart with 1 st Oak Leaf Cluster, for wounds...
ARMY | BCMR | CY2007 | 20070005703C071029
The FSM's military records are not available to the Board for review. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in the ETO. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart, for being wounded in action in Northern France in September 1944 and showing his entitlement to...
ARMY | BCMR | CY2008 | 20080017063
IN THE CASE OF: BOARD DATE: 9 December 2008 DOCKET NUMBER: AR20080017063 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his available service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile...
ARMY | BCMR | CY2002 | 2002070114C070402
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...