RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 November 2007
DOCKET NUMBER: AR20070009389
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Eric N. Andersen
Chairperson
Mr. Donald L. Lewy
Member
Ms. Rea M. Nuppenau
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 reconsideration of his earlier request to be awarded the Purple Heart for wounds received by enemy fire while on duty at Dover, England during World War II.
2. The applicant states, in effect, that he was hit by hot shrapnel that burned his hand and struck his helmet during heavy shelling by German coastal guns firing across the English Channel.
3. The applicant provides a statement from his Department of Veterans Affairs (VA) medical doctor, and a former member of his unit.
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 AR20060010001, on 22 February 2007.
2. The applicant has provided a letter from a former sergeant of his unit who states that he saw the applicant after his return from an anti-aircraft gun location in Dover, England. The sergeant relates how he was told by the applicant about the applicant's experience from the heavy German shelling and how his helmet was dented and his hand burned by hot shrapnel. The sergeant further relates that he wrote a report of this encounter and submitted it to the 30th Anti-Aircraft Battalion.
3. The applicant provided a VA letter wherein the writer states that he had observed the applicant's right hand and fingers to determine the extent of his injury that occurred 63 years earlier. His hand showed scar tissue and his index finger was deformed to the extent that he could not make a fist. The applicant informed the writer that his injury was caused by a burn from hot shrapnel during a German bombing and that he treated the injury himself until it healed, leaving his fingers deformed.
4. 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 military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for reconsideration of his request for award of the Purple Heart was carefully considered. However, there is insufficient evidentiary basis to support granting the requested relief.
2. The additional evidence shows that the applicant suffered an injury to his right hand and fingers. However, the letters describe the applicants injuries based on information provided by the applicant; not by eyewitness account. Additionally, there is no record of evidence that shows he received any medical treatment for this injury, or had any record been made of the injury or subsequent medical treatment.
3. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_RMN ___ __DLL __ __ENA__ 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 AR20060010001, dated 22 February 2007.
__ Eric N. Andersen_____
CHAIRPERSON
INDEX
CASE ID
AR20070009389
SUFFIX
RECON
DATE BOARDED
20071120
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
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