RECORD OF PROCEEDINGS
IN THE CASE OF: .
BOARD DATE: 1 March 2007
DOCKET NUMBER: AR20060011623
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. Gerard W. Schwartz
Acting Director
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. Thomas M. Ray
Chairperson
Mr. Jeffrey C. Redmann
Member
Mr. James R. Hastie
Member
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 reconsideration of his previous request for award of the Purple Heart.
2. The applicant states, during heavy fighting, he was wounded with shrapnel to the left leg. He continues that he was assisted by a medic who removed the shrapnel and bandaged his leg.
3. The applicant provides a copy of a letter from the Ministry of Defense, Embassy of France in the United States in support of this 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 AR2003084200 on 15 July 2003.
2. The applicant provided a letter from the Ministry of Defense, Embassy of France in the United States which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The letter from the Ministry of Defense, Embassy of France in the United States shows that additional research by the French Medical Armed Forces Archives in Limoges was requested through the French Uniformed Health Service. The research revealed that four American Soldiers attached to the 156th Infantry Regiment were treated by medical personnel in early July 1952 for combat wounds.
4. The letter further states that the archives confirmed the inscription of the applicant's name in the log register of the medical unit of that Regiment stationed in Korea. The letter concludes that the author truly hoped that this new information would be taken into account and that the applicant be awarded the richly deserved medal bestowed upon war casualties, the Purple Heart.
4. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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, and the medical treatment must have been made a matter of official record. This regulation also provides that there are no time limitations for requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of the Purple Heart was carefully considered and determined to have merit.
2. The letter from the Ministry of Defense, Embassy of France in the United States clearly shows that the applicant sustained wounds as a result of combat action and was treated for such wounds by appropriate military medical personnel. This evidence is sufficient to show the applicant sustained and was treated for wounds as a result of combat. Therefore, he is entitled to award of the Purple Heart for wounds sustained in July 1952 and correction of his records to show this award.
BOARD VOTE:
_JCR____ _JRH___ _TMR___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR2003084200, dated 15 July 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Purple Heart for wounds sustained in July 1952.
___Thomas M. Ray__
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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His Certificate of Disability for Discharge, dated 19 November 1945, shows the same diagnosis as the Clinical Record Brief and adds that date of onset of injury occurred in November 1944 and he became unfit for duty 18 October 1945. The applicant states he is entitled to award of the Purple Heart for a shrapnel wound he sustained to his right leg while a Prisoner of War. Therefore, the flesh wound he received to his right ankle should be considered to be the result of "friendly fire" and,...