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.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Fred Eichorn | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Mr. Robert J. Osborn | |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 request to be
awarded the Purple Heart (PH).
2. The applicant states, in effect, his injury was the direct result of
enemy action. He claims the German Army still held the hills overlooking
the city of Metz and periodically lobbed artillery shells into the city.
It was one such shell that caused his driver to veer off the road and
strike a fixed object. He claims that when he was admitted to the hospital
he indicated that he had been in a jeep accident; however, at the time he
was hurt, frightened and unaware that his statement would be used against
him.
3. The applicant provides a Office of the Surgeon General (OTSG) Hospital
Admission Card Record for 1942-1945, National Personnel Records Center
(NPRC) :Letter and Self-Authored Letter in support of his application.
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 AC96-
05687, on 10 April 1996.
2. In its original conclusions, the Board found there was no evidence to
show the applicant was wounded a result of hostile action with enemy
forces. The Board further noted that the applicant’s medical records
indicated he suffered a concussion in Metz, France in January 1944.
3. The OTSG hospital admission card record provided by the applicant with
this application was available to the Board during its original
deliberations. This report confirms the applicant was admitted to medical
treatment facility in the European Theater of Operations (ETO) on 23
January 1945. However, it also indicates the injury was non-battle
related. The information provided in the NPRC letter provided by the
applicant regarding the loss of his records in a 1973 fire was also known
by the Board during its original review.
4. 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 in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action. The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s claim of entitlement to the PH and the supporting
evidence he provided were carefully considered. However, the evidence
provided by the applicant was available to and considered by the Board
during its original deliberations.
2. 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 medical personnel and a record of this medical
treatment must have been made a matter of official record.
3. The veracity of the applicant’s claim that he was injured in the line
of duty while serving during World War II is not in question. However, the
available evidence clearly indicates his injury was not combat related.
Absent evidence to corroborate the applicant’s claim that his injury was
combat related or that confirms he his injury was received as a direct
result of or caused by enemy action, the regulatory burden of proof
necessary to support award of the PH has not been satisfied in this case.
As a result, his request must be denied in the interest of all those who
served during World War II and who faced similar circumstances.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__RJO __ __FE___ ___JTM__ 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 AC96-05687, dated 10 April 1996.
____Fred Eichorn_______
CHAIRPERSON
INDEX
|CASE ID |AR2004103753 |
|SUFFIX | |
|RECON |1996/04/10 AC-9605687 |
|DATE BOARDED |2004/11/23 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1946/01/21 |
|DISCHARGE AUTHORITY |AR 615-365 |
|DISCHARGE REASON |Demobilizaton |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. 61 |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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