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ARMY | BCMR | CY2006 | 20060008992
Original file (20060008992.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 MARCH 2007
	DOCKET NUMBER:  AR20060008992 


	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.  



Acting Director


Analyst


The following members, a quorum, were present:



Chairperson



Member


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, in effect, that he was wounded in Hollandia, New Guinea, in April or May 1944 when a Japanese plane bombed and straffed their position, he was shot in his right leg and taken to the 24th General Hospital. 

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation), Honorable Discharge Certificate and his company's Morning Reports.  

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 for the ABCMR to conduct a fair and impartial review of this case.

2.  Records available to the Board show that the applicant was inducted into the Army on 15 December 1942 and entered active duty on 22 December 1942.  The applicant was honorably discharged on 14 January 1946.

3.  The applicant provided a copy of the Morning Reports for Company A, 442nd Signal, Heavy Construction Battalion, dated 23 and 24 August 1944.  Although the reports are not totally legible, the reports indicate that the applicant was hospitalized.  However, the number of days and reason for his hospitalization is not specified.

4.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows that he received battle and or campaign credit for New Guinea, South Philippines, and Luzon.  The word "None" is listed in "Wounds received in action" in Item 34 on this form.

5.  The National Archives and Records Administration found one SGO (Office of The Surgeon General) file containing information on the applicant.  This file shows that the applicant was admitted to the hospital on 29 September 1944 for an injury to the leg.  The injury was listed as "non-battle" from a "blast or explosion". 

6.  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:

The SGO files show that the applicant received a non-battle injury to the leg in September 1944.  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.   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

__JA  ___  ___SF  __  ___RV __  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.





____James Anderholm_____
          CHAIRPERSON



INDEX

CASE ID
AR20060008992
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070306
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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