Search Decisions

Decision Text

ARMY | BCMR | CY2004 | 04103615C070208
Original file (04103615C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         07 DECEMBER 2004
      DOCKET NUMBER:  AR2004103615


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. John Denning                  |     |Member               |
|     |Mr. James Gunlicks                |     |Member               |

      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, in effect, reconsideration of his previous
request for award of the Purple Heart.

2.  The applicant relates, in a new self-authored statement, additional
details regarding the events which led to his sustaining a concussion
injury prior to being captured by German soldiers.  He noted that his unit
was dug in, waiting for relief troops, which never came.  He stated that
his unit was told to extricate themselves from the area but by that time
his unit was surrounded.

3.  He states that “as dusk began to set in the Germans started a counter-
attack” and it was “at this time that my position was hit and I took a hit
by a concussion grenade, just above my head.”  He stated that he was
knocked out, but does not know for how long.  He noted that when he “was
able to realize anything” he was being half carried and half dragged by two
of our own Soldiers.  He states he was laid down and knew that his head was
busting open, his ears were ringing and any sound appeared as though we
were in a tunnel.

4.  He argues that he was in combat against an enemy of the United States,
that he was awarded the combat badge, in addition to other decorations, and
that all doubt should be resolved in his favor.

5.  In addition to his self-authored statement, the applicant also submits
a second statement from another Soldier who had gone through training with
the applicant and was overseas with him.  The statement appears to have
been authored in April 2003.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003087832, on 30 October 2003.

2.  It is unclear if the April 2003 statement was included with the
applicant’s original application to the Board, as it was not discussed in
the Record of Proceedings.  As such, the statement constitutes new evidence
not previously considered by the Board.

3.  The April 2003 statement indicates that the author trained with the
applicant in Louisiana and Texas for more than a year and that they landed
in Italy in January 1944.  The author related how his unit and the
applicant’s unit learned “how to climb and fight on mountains” and that at
one point the applicant took “a hard fall and was in a lot of pain and
could not get up.”  He states he later learned that the applicant had
broken his leg and was evacuated to an Army hospital.  He stated he did not
see the applicant again until May when he rejoined the unit.  He states “we
then broke the Gustave Line and [the applicant] was captured and became a
prisoner of war for the next year or more.”

DISCUSSION AND CONCLUSIONS:

1.  The statement submitted in support of the applicant’s request does not
offer any additional evidence regarding the applicant's claim that he
sustained a concussion from an enemy concussion grenade prior to being
taken prisoner by German forces.

2.  There continues to be no compelling medical evidence which confirms
that the applicant was wounded as a result of hostile action and as such,
there continues to be no basis for an award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  __JD____  ___JG __  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 to amend the decision of
the ABCMR set forth in Docket Number AR2003087832, on 30 October 2003.




                                  ______Mark Manning_______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004103615                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041207                                |
|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.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2007 | 20070012383

    Original file (20070012383.txt) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. Two witness statements stated, in effect, that they saw the applicant with blood near his ear and that they recall being in the vicinity when enemy artillery shells or concussion grenades exploded near them. As a result, the Board recommends that the WD AGO Form 53-55 of the individual concerned with a separation date of 1 December 1945 be corrected: a. by showing award of the Bronze Star Medal; b. by showing award...

  • ARMY | BCMR | CY2004 | 04102657C070208

    Original file (04102657C070208.doc) Auto-classification: Approved

    Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. The applicant indicated in his September 1953 statement that he was wounded on 30 November 1950, the same date that he was captured. Therefore, the applicant's records should show that he was wounded in action on 30 November 1950.

  • ARMY | BCMR | CY2007 | 20070011545

    Original file (20070011545.txt) Auto-classification: Approved

    There is no evidence in the applicant's available military records that shows he was wounded on or about this date, that he received medical treatment, and that the medical treatment was recorded in official military records. Therefore, the applicant is entitled to have his records corrected to show award of the Army of Occupation Medal with Germany Clasp. As a result, the Board recommends that all Department of the Army records, specifically the WD AGO Form 53-55 with a separation date of...

  • ARMY | BCMR | CY2003 | 2003087832C070212

    Original file (2003087832C070212.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his Enlisted Record and Report of Separation, Honorable Discharge, WD AGO Form 53-55, be corrected to show award of the Prisoner of War (POW) Medal and the Purple Heart. Essentially, this guidance states that there is no individual emblem presented to or worn by Army soldiers who were in a unit cited by the French Government for the Croix de Guerre. a. awarding the applicant the World War II Victory Medal and adding this award to his WD AGO Form 53-55,

  • AF | BCMR | CY2003 | 0200722

    Original file (0200722.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00722 INDEX CODE: 107.00 COUNSEL: TEXAS VETERANS COMMISSION HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. Hospitalized while prisoner of war. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the...

  • ARMY | BCMR | CY2001 | 2001060411C070421

    Original file (2001060411C070421.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 | CY2015 | 20150012856

    Original file (20150012856.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). A record pertaining to the applicant is included in this file and it shows he was detained as a POW from 4 December 1944 to 29 May 1945 while assigned to the 398th Infantry Regiment. In the absence of the applicant’s official military personnel file (OMPF), the evidence in this case is jointly derived from his WD AGO Form 53-55, witness statement and accounts, NARA WWII POW Data File, 1st Battalion...

  • ARMY | BCMR | CY2002 | 2002080592C070215

    Original file (2002080592C070215.rtf) Auto-classification: Approved

    The applicant’s separation document notes that he returned to the United States in March 1945 and was honorably discharged on 28 June 1945 under a certificate of disability for discharge. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War Medal. The Board, accepts the documents provided by the applicant as evidence to conclude that he was a POW of German forces for approximately 6 hours on the morning of 16 December 1944, when his unit...

  • ARMY | BCMR | CY2014 | 20140009781

    Original file (20140009781.txt) Auto-classification: Approved

    The applicant, the daughter of a deceased former service member (FSM), requests correction of his records to show award of the: * Purple Heart * Prisoner of War Medal 2. Although the FSM's military records were destroyed by fire, sufficient Army records show he was wounded by enemy action and treated; therefore, he is entitled to award of the Purple Heart for injuries incurred on 10 December 1944 and correction of his WD AGO Form 53-55 to show this award. As a result, the Board recommends...

  • ARMY | BCMR | CY2012 | 20120006834

    Original file (20120006834.txt) Auto-classification: Denied

    Additionally, he received a copy of his military record and noted the following wounds were not annotated: * 16 February 1944, Anzio, Italy, head wound * 2 April 1944, Anzio, Italy, back wound * 8 April 1944, Anzio, Italy, finger wound * 28 December 1944, Colmar, France, hand wound * 9 January 1945, Orbey, France, leg wounds * 4 April 1945, Eichenbach, Germany, chest wound 3. The applicant provides: * Letter, dated 12 October 2010 * Excerpt from a newspaper, dated May 2011 * Self-authored...