Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003090265C070212
Original file (2003090265C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 November 2003
         DOCKET NUMBER: AR2003090265

         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. Deyon D. Battle Analyst

The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. Raymond J. Wagner Member
Ms. Mae M. Bullock 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: That item number 34 (Wounds Received In Action) on his Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to show that he was wounded in action. He states that while he was in the Army, he lost his hearing when his tank was blown up.

APPLICANT STATES: That he was reviewing his paperwork and realized that item number 34 on his DD Form 214 was incorrect because he was wounded in action. In support of his application, he submits copies of medical records that are currently maintained in his Official Military Personnel File.

EVIDENCE OF RECORD: The applicant's military records show:

He entered on active duty on 1 December 1942, and he successfully completed his training as a tank mechanic.

A review of the available records shows that while the applicant was in the Army, he was treated on several occasions for cellulitis of his left hand ring finger and that he was tested for hearing loss. Hospital records show that prior to his discharge his finger healed and that he had no loss of hearing. However, the records fail to show that he was wounded in action while he was in the Army.

He was honorably discharged on 24 January 1946. The WD AGO Form 53-55 that he was furnished at the time of his discharge was authenticated by him and shows that he received no wounds in action while he was in the Army.

On 8 January 1997, this Board denied the applicant’s request for award of the Purple Heart in Army Board for Correction of Military Records (ABCMR) Memorandum of Consideration number AC96-10269.

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 evidence in the available records that substantiates the applicant’s contention that he was injured in action while he was in the Army.

2. The evidence of record clearly shows that he was treated for cellulitis of the left hand ring finger and that he was tested and found to have no loss of hearing at the time of his discharge. He signed his WD AGO Form 53-55 indicating that he was not injured in action while he was on active duty. Therefore, his WD AGO Form 53-55 is correct as currently reflected and there is no evidence of record that would suggest otherwise.



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 this 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.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___mb __ __sk ____ __rjw ___ DENY APPLICATION



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




INDEX

CASE ID AR2003090265
SUFFIX
RECON
DATE BOARDED 2003/11/06
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 189 110.0000/SEPARATION DOCUMENTS
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2008 | 20080017756

    Original file (20080017756.txt) Auto-classification: Denied

    The applicant’s military records are not available to the Board for review. The applicant's contention that he is entitled to award of the Purple Heart based on his finger injury and/or hearing loss and the evidence he submitted were carefully considered; however, there is insufficient evidence to award him the Purple Heart in this case. Regrettably, absent evidence which conclusively shows that he sustained wounds or injuries as a result of hostile action, and that he was treated by...

  • ARMY | BCMR | CY2009 | 20090008431

    Original file (20090008431.txt) Auto-classification: Approved

    This foreign unit award is not shown on the applicant's WD AGO Form 53-55 despite the fact an entry appears on a WD AGO Form 24-3 (Service Record) on file in the applicant's service record. The applicant served on active duty as a member of the Army of the United States during the qualifying period for award of the World War II Victory Medal. 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 | CY2001 | 2001058880C070421

    Original file (2001058880C070421.rtf) Auto-classification: Denied

    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...

  • ARMY | BCMR | CY2011 | 20110018035

    Original file (20110018035.txt) Auto-classification: Approved

    The applicant's military records are not available to the Board for review. His WD AGO Form 53-55 also shows in: * item 6 (Organization), he was assigned to Company C, 771st Tank Battalion * item 32 (Battles and Campaigns), the Rhineland and Central Europe campaigns * item 33 (Decorations and Citations), the World War II Victory Medal, Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal with two bronze service stars, and Bronze Star Medal * item 34 (Wounds Received in...

  • ARMY | BCMR | CY2007 | AR20070005644C071029

    Original file (AR20070005644C071029.doc) Auto-classification: Approved

    Qawiy A. Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to show that he was wounded in action while he was in the Army and was awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending his WD AGO Form 53-55 to...

  • ARMY | BCMR | CY2010 | 20100010752

    Original file (20100010752.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant provides the following documents in support of his application: * Veterans Affairs (VA) Statement in Support Claim * WD AGO Form 53-55 (Enlisted Record and Report of Separation) * Letter from a physician at the Medical College of Wisconsin * VA Rating Decision * VA awards benefit letter CONSIDERATION OF EVIDENCE: 1. The VA rating decision is insufficient to show the applicant's...

  • ARMY | BCMR | CY2010 | 20100009354

    Original file (20100009354.txt) Auto-classification: Denied

    After the enemy fire quieted down, he and the applicant went to the medical officer to seek treatment for his hearing loss. Therefore, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding the Purple Heart to the applicant. ABCMR Record of Proceedings...

  • 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 | CY2006 | 20060010951

    Original file (20060010951.txt) Auto-classification: Denied

    The applicant requests, correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show award of two Purple Hearts for wounds received during World War II, campaign credit for duty in Okinawa and Korea, and completion of tank destroyer training school. The applicant's military records are not available for review. There is no available evidence to show that the applicant attended tank destroyer training or that the reason and authority for the...

  • ARMY | BCMR | CY2011 | 20110010134

    Original file (20110010134.txt) Auto-classification: Approved

    The applicant requests correction of the records of his deceased father, a former service member (FSM), to show battle and campaign credits, wounds received in action, and the Purple Heart. He states the FSM's discharge records do not show the proper entries for being wounded in action or the Purple Heart. The criteria for award of the Purple Heart specify that accidental injuries, unless caused by enemy fire, do not justify the award.