RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 March 2007
DOCKET NUMBER: AR20060011635
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.
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 for award of the Purple Heart.
2. The applicant states, in effect, he should be awarded the Purple Heart for the injury he received while he was in combat in the European Theater during World War II. He was injured during the battle to take the city of Bearcat, France. They were getting enemy artillery on their position, he dived under a truck that was near by; in doing so, he injured his left hand and fingers and left arm and shoulder. This injury happened on or about 17 November 1944. He has a picture of himself that shows his hand and fingers were bandaged. He was awarded a service connected disability of zero percent on 25 February 1986.
3. The applicant provides copies of his Department of Veterans Affairs (VA) form 21-4138 (Statement in Support of Claim), the above mentioned picture, an award certificate for the Presidential Unit Citation, his letters from the VA, and his VA Identification Card, 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 AR20050012118, on 13 June 2006.
2. The applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there are sufficient documents for a fair and impartial reconsideration of this case.
3. The applicant submits a black and white photograph showing a man in uniform with bandages on his left hand. He also submits an award certificate showing award of the Presidential Unit Citation to the 250th Field Artillery Battalion during World War II.
4. The applicant further submits his VA Form 21-4138 and two letters from the VA announcing approval of his claim for service-connected disability compensation. In February 1986, he was awarded zero percent service connected disability for loss of motion of his left ring or little finger.
5. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record. The regulation also states that the Purple Heart is not governed by the statute of limitations.
6. Prior to 1 October 1949, the date of passage of the Career Compensation Act, Public Law 351, compensation and pension for service-connected disabilities were under the jurisdiction of the VA.
DISCUSSION AND CONCLUSIONS:
1. By regulation, in order to be awarded the Purple Heart, it is necessary to establish that a soldier was wounded or injured in action. Available records give no indication that the applicant ever sustained or was treated for a wound he received in France as a result of enemy action or that he was ever eligible for or awarded the Purple Heart.
2. Notwithstanding the applicants recent submission in support of his request, there is no evidence of record available to the Board and the latest submission provides no new evidence, which shows he was injured or wounded as a result of hostile action in France during World War II. Therefore, he is not entitled to correction of his military records to show award of the Purple Heart.
3. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for a reversal of the Board's previous decision.
4. It is also noted that any request for compensation for any residuals of an illness or injury that he believes he suffered during his military service should have been appropriately addressed by the VA.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___J____ ___LDS__ __RSV__ 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 AR20050012118, dated 13 June 2006.
_____Linda D. Simmons______
CHAIRPERSON
INDEX
CASE ID
AR20060011635
SUFFIX
RECON
DATE BOARDED
20070322
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107.15
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3.
4.
5.
6.
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