IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080005935
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier request for award of the Purple Heart.
2. The applicant states that he was wounded and deserves a Purple Heart. He states he was assigned to the Army Air Force in Sioux Falls, South Dakota beginning 7 October 1942. He was reassigned overseas to an Army Air Force base in England and was transferred to Headquarters, 7th Armored Division in France. He was then assigned to Germany for combat duty where he was wounded on his left foot. A medic removed his boot and found that it was bleeding. His foot was bandaged and he was tagged to be transferred to the Army General Hospital in Nancy, France. After he and other wounded Soldiers received treatment for 1 and 1/2 weeks, he was placed in limited assignment since he had enough points to go home. He was assigned to Company B, 111th Engineer Combat Battalion.
3. The applicant provides a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active duty or Retirement) and a WD AGO Form 100 (Separation Qualification Record).
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 AR20070014109 on 14 February 2008.
2. The applicant has provided new evidence that will be considered by the Board.
3. The applicants military records are not available to the Board 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 were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
4. The applicants WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he was inducted into the Army of the United States on 23 September 1942 and entered active duty on 7 October 1942 in military occupational specialty (MOS) 745 (rifleman). He was assigned to Company B, 111th Combat Engineer Battalion.
5. The applicants WD AGO Form 53-55 shows he served in the European-African-Middle Eastern Theater of Operations from 19 December 1943 through 7 December 1945.
6. The applicant provided a copy of his physical examination for separation. This document shows the entry left foot trouble General Hospital - Nancy, France April 1944 - 1 1/2 weeks. There is no evidence available which indicates this wound was sustained as a result of hostile action.
7. He was honorably discharged on 6 January 1946. His WD AGO Form 53-55 shows he was awarded the American Campaign Medal, the European-African-Middle Eastern Theater Campaign Medal, the Good Conduct Medal, and the World War II Victory Medal.
8. Item 34 (Wounds Received in Action) on the applicants WD AGO Form 53-55 shows the entry None.
9. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicants separation physical examination indicates he was injured in his left foot. However, there is insufficient evidence to verify he was wounded as a result of hostile action. In addition, his WD AGO Form 53-55 does not reflect he received any wounds in action.
2. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xx____ ___xx___ __xx____ 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 AR20070014109, dated 14 February 2008.
_______xxxx___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080005935
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ABCMR Record of Proceedings (cont) AR20080005935
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