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ARMY | BCMR | CY2003 | 2003091481C070212
Original file (2003091481C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: FEBRUARY 19, 2004
         DOCKET NUMBER: AR2003091481


         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.

Mr. Carl W. S. Chun Director
Mr. Jessie B. Strickland Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Mr. Robert Duecaster Member
Mr. Melvin H. Meyer Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests that her deceased father, a former service member (FSM) be awarded the Purple Heart.

2. The applicant states her father, a FSM, was injured in the left knee and ankle during World War II (WWII) when his vehicle exploded after hitting a mine field in Germany. She goes on to state that the FSM was the only survivor of the explosion and that he endured extensive surgery and rehabilitation at Schick General Hospital in Clinton, Iowa, during February 1946. She also states that he was honorably discharged, received a 20% disability compensation from the Veterans Administration (VA) and went on to retire as a civil service employee at Tinker Air Force Base in Oklahoma. She further states that her father served his country honorably and his family desires to honor him by having the Purple Heart awarded posthumously.

3. The applicant provides a copy of the FSM's report of separation (WD AGO Form 53-55), a copy of his separation qualification record and Honorable Discharge Certificate, a copy of his award of disability compensation or pension from the VA, a copy of an extract of a morning report showing that the applicant went from being absent without leave (AWOL) to sick in the hospital on 13 February 1946, a copy of a Notification of Personnel Action indicating his civil service retirement for disability on 26 July 1974, and a copy of the FSM's death certificate.

CONSIDERATION OF EVIDENCE:

1. The FSM's military records are not available to the Board for review. A fire destroyed 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.

2. The FSM was inducted on 16 December 1942 and entered active duty at Little Rock, Arkansas, on 23 December 1942. He completed his training as a light truck driver and departed for the European – African – Middle Eastern (EAME) Theater of Operations on 21 November 1944.

3. He was assigned to Troop C. 19 th Cavalry Reconnaissance Squadron and served in the Rhineland and Central Europe Campaigns until he was returned to the United States on 6 August 1945.

4. The extract copy of a morning report provided by the applicant shows that the FSM's duty status was changed from AWOL on 27 January 1946 from the Patient Detachment of Schick General Hospital, Clinton, Iowa, to sick in the hospital on 13 February 1946.

5. On 1 May 1946, the FSM was honorably discharged at Fort Chaffee, Arkansas. He had served 8 months and 16 days of foreign service, 3 years, 3 months and 26 days of service for pay purposes and had 20 days of lost time due to being absent without leave (AWOL). He.was awarded the WWII Victory Medal, the Good Conduct Medal, the American Theater Ribbon, the EAME Ribbon with two bronze service stars and the Sharpshooter Marksmanship Badge with rifle bar.

6. In block 34 of the WD AGO Form 53-55, authenticated by the FSM, under wounds received in action, there is an annotation of "None."

7. On 3 June 1946, the FSM was awarded a service connected disability pension of $23.00 per month based on a disability rating of 20% for WWII services, limitation of motion of left knee, with post-operative scar. The FSM suffered a stroke and passed away on 22 November 1989 at the age of 67.

8. A review of the available evidence fails to substantiate the actual circumstances surrounding the FSM's injuries at the time he was hospitalized.

9. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury 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 AND CONCLUSIONS :

1. The available evidence fails to document the circumstances surrounding the FSM's injury, the date of injury and the location of the injury. Therefore, in the absence of evidence to the contrary, it must be presumed that the events that led to his injury did not qualify for award of the Purple Heart.

2. Accordingly, lacking evidence to show that he was injured as a result of action by the enemy during WWII, that medical treatment was rendered and made a matter of record for that injury, there is no basis to award the FSM the Purple Heart at this time.

3. While it is unfortunate that the records to substantiate the applicant's claim are not available for the Board's review, based on the available evidence, the Board is compelled to deny the applicant's request to award the Purple Heart to the FSM at this time.
BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

rjw _____ mm _____ ryd _____ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  ___Raymond J. Wagner___
                  CHAIRPERSON




INDEX

CASE ID AR2003091481
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040219
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. 61 107.0015/PH
2.
3.
4.
5.
6.


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