RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 SEPTEMBER 2005
DOCKET NUMBER: AR20050001231
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:
| |Ms. Shirley Powell | |Chairperson |
| |Mr. Robert Duecaster | |Member |
| |Ms. Jeanette McCants | |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 that his records be corrected to reflect award
of the Purple Heart.
2. The applicant states he fought in the original invasion at D-Day and
the Battle of the Bulge and was wounded but never awarded the Purple Heart.
In correspondence from the applicant's congressional representative, the
representative noted the applicant had related to him that he was in a
hospital at Fort Devens, Massachusetts for 5 months prior to his December
1945 discharge from injuries received in the war.
3. The applicant provides no evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. 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. It is believed that the
applicant’s records were lost or destroyed in that fire. However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.
2. Information on the applicant's separation document notes he entered
active duty on 19 May 1943 and arrived in the European Theater of
Operations in November 1943.
3. According to medical documents which were attached to correspondence
from the applicant's congressional representative, the applicant was
admitted to a hospital overseas on 24 July 1945 with a diagnosis of a
pilonidal cyst (a cyst at the bottom of the tailbone that becomes
infected). By 3 August 1945 the decision was made to transfer the
applicant to a medical facility in the United States for further
hospitalization and treatment. The applicant departed Europe on 17 August
1945 and on 13 September 1945 the cyst was excised.
4. On 4 December 1945 the applicant was honorably discharged at Fort
Devens, Massachusetts as a result of demobilization. Item 34 (wounds
received in action) reflects the entry "None." The applicant signed the
separation document.
5. Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for wounds sustained as a result of hostile action.
Substantiating evidence must be provided to verify that the wound was the
result of hostile action, the wound must have required treatment by a
medical officer, and the medical treatment must have been made a matter of
official record.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, there is no medical evidence, and the applicant has not
provided any that he was wounded as a result of hostile action during World
War II. In the absence of such medical evidence, there is no basis for an
award of the Purple Heart.
2. The medical evidence, which is available to the Board, does confirm
that the applicant was evacuated from Europe and hospitalized. However,
the reason for the evacuation and hospitalization was a cyst which was
subsequently excised. The medical condition would not entitle the applicant
to an award of the Purple Heart.
3. In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust. The applicant has failed to submit evidence that would
satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___SP __ ___RD __ __JM ___ 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.
______Shirley Powell________
CHAIRPERSON
INDEX
|CASE ID |AR20050001231 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050913 |
|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]
ARMY | BCMR | CY2005 | 20050001231C070206
The applicant requests that his records be corrected to reflect award of the Purple Heart. The applicants military records are not available to the Board for review. The medical evidence, which is available to the Board, does confirm that the applicant was evacuated from Europe and hospitalized.
ARMY | BCMR | CY2012 | 20120022732
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for the period ending 20 January 1947 to show award of the Purple Heart. His record contains documents showing he submitted requests for award of the Purple Heart through the DVA and the American Legion to the Army Personnel Center and the NPRC during the period 1992 to 1995, all of which were denied due to lack of evidence showing he had sustained an injury as the...
ARMY | BCMR | CY2003 | 03096416C070212
The issue as to whether this change in policy would be implemented retroactively to prisoners of war from World War I, World War II, and the Korean War was considered several times. The evidence shows that he was discharged because of a disability to his feet, peripheral vascular disease, and that he had been hospitalized for 148 days. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Army Good Conduct...
ARMY | BCMR | CY2003 | 2003086103C070212
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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. There is insufficient evidence to grant his request for award of the Purple Heart.
ARMY | BCMR | CY2011 | 20110023771
The applicant requests that the records of his father, a former service member (FSM), be corrected by awarding him the Purple Heart and correcting his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his wounds/injuries. The applicant states, in effect, that the FSM was injured in action against enemy forces in June 1945 and was treated at the 127th General Hospital in Nancy, France from 16 June to 3 July 1945 for a ruptured tympanic membrane of the...
ARMY | BCMR | CY2010 | 20100027881
Army Regulation 600-8-22 (Military Awards), currently in effect, states the Purple Heart is awarded for a wound/injury sustained in action against an enemy or as a result of hostile action. While the sincerity of the applicant's claim that he was awarded the Purple Heart while in a hospital in France and refused the award is not in doubt, the available evidence does not establish he was wounded or injured as a result of enemy action or that treatment for his wounds or injuries were made a...
ARMY | BCMR | CY2012 | 20120011238
The applicant requests reconsideration of the Army Board for Correction of Military Records (ABCMR) decision denying him award of the Purple Heart. He states he was wounded and still has that lesion. The entry he underlined on the Compensation and Pension Respiratory Examination is in a section of the report listing conditions for which he has no history.
ARMY | BCMR | CY2001 | 2001060795C070421
The Board considered the following evidence: The applicant states that his battalion personnel officer, who saw the applicant in the 48 th General Hospital in Paris, failed to recommend him for award of the Purple Heart. There is no information or evidence to show that the applicant was awarded or recommended for award of the Soldier’s Medal or any other medal.
ARMY | BCMR | CY2011 | 20110012517
She also requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show the Combat Infantryman Badge. The FSM's complete military records are not available to the Board for review. His WD AGO Form 24 does not show any combat wounds or awards of the Purple Heart or the Combat Infantryman Badge.
ARMY | BCMR | CY2008 | 20080010232
The applicant states that he received a letter from a Veterans Service Assistant informing him that it would take one month or longer before his award of the Purple Heart. On 31 October 1945, an Administrative Assistant to the Battalion Surgeon, Army Service Forces Convalescent Hospital, notified the Personnel Officer that it was the opinion of the Battalion Surgeon that the applicant was entitled to the Purple Heart; that the injury was incurred when a truck in which he was driving struck...