RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 NOVEMBER 2005
DOCKET NUMBER: AR20050003605
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. Rene Parker | |Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Ms. Diane Armstrong | |Member |
| |Ms. Delia Trimble | |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 award of the Purple Heart.
2. The applicant states that he was wounded in combat during WWII. He
said since he did not want to leave his unit after he was wounded, he
turned down the award of the Purple Heart.
3. The applicant provides a supporting statement, excerpts from his book
titled “A Nichols Worth,” and a 3-page recount of a recognizance mission.
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records are not available to the Army Board
for Correction of Military Records (ABCMR) 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 ABCMR to conduct a fair and
impartial review of this case.
2. Records available to the Board show that the applicant entered active
duty on 15 October 1940. He served in the European Theater from 15
December 1943 until 7 December 1944. He was honorably discharged on 1
March 1945.
3. The SGO (Office of The Surgeon General) files show that the applicant
was admitted to the hospital on 26 August 1944. He was diagnosed with
peptic ulcer hay fever, and nasal septum.
4. The supporting statement from the applicant’s former “co-worker”
supports the applicant’s claim that he was wounded while in combat. The
author of the statement said that the applicant was hit in the right
buttocks with shrapnel. He admitted that the medics wanted to send the
applicant to a field hospital in which he (applicant) declined. The author
confirms that the applicant was offered a Purple Heart for his wound but,
he refused.
5. The applicant provides a detail “story” of what occurred while serving
in the European Theater in chapters 14, 15, and 16 of his book titled “A
Nichols Worth.” Additionally, he provides a 3-page summary of a “skirmish”
that he and a recognizance team were involved in that resulted in no
serious injuries.
6. There is no documentation in the available records which shows that the
applicant sustained wounds or was treated for wounds incurred as a result
of hostile action.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound 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:
There are no medical records available which show the applicant was wounded
or treated for wounds as a result of hostile action during his service in
WWII. The supporting letter, which was prepared over 59 years after the
alleged wounding incident, does not provide any evidence sufficiently
compelling to overcome the presumption of regularity. Therefore, in the
absence of medical records supporting the applicant's contention, there is
an insufficient basis for award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__SK____ __DA___ ___DT___ 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.
_____ Stanley Kelley ________
CHAIRPERSON
INDEX
|CASE ID |AR20050003605 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051108 |
|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. | |
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