BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100008332
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 request for award of the Purple Heart.
2. He states the Purple Heart he earned in December 1944 is not listed on his discharge document. He was discharged on 7 August 1945. The record was not available until 15 October 1945 when it was down-graded from secret. The record should have been available at time of discharge.
3. He provides copies of the following:
* A declassified After Action Report for 3 January 1945
* Two letters of support
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 ABCMR in Docket Number AR20090015840 on 29 December 2009.
2. The documents he provided are new evidence that will be considered by the Board. The declassified December After Action Report and 19 July 2007 letter were previously considered by the Board.
3. His 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record, and documentation submitted by him, for the Board to conduct a fair and impartial review of this case.
4. His available military records show he was inducted into the Army of the United States and entered on active duty on 24 July 1941. He completed training and was awarded military occupational specialty 745 (Rifleman). He served overseas in the European Theater of Operations (ETO) from 6 February 1942 to 18 December 1943 and from 12 August 1944 to 3 August 1945. He was honorably discharged from active duty on 7 August 1945 for the convenience of the government at demobilization.
5. Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) lists the Sharpshooter Marksmanship Qualification Badge with Sub-Machinegun Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and Combat Infantryman Badge. Item 33 (Decorations and Citations) lists the Good Conduct Medal, American Defense Service Ribbon, American Theater Ribbon, European-African-Middle Eastern Campaign Medal with three bronze service stars, five overseas service bars, and one service stripe.
6. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry, "None," to indicate he was not wounded while he served during World War II.
7. There are no orders in his available service personnel records that show he was awarded the Purple Heart. There is no evidence in his available records that shows he was wounded or treated for wounds as a result of hostile action.
8. He provided a copy of a declassified After Action Report for the 60th Infantry Regiment for 3 January 1945 which described no changes to the regiment.
9. He also provided a copy of an undated letter of support, wherein the former commander of the applicants unit described the war engagements, award of its third Presidential Unit Citation, and his retirement for disability.
10. He further provided a copy of a letter, dated 30 January 2010, wherein the individual stated the applicants entire record was not used, he has a metal
fragment in his wrist as evidence, his secret record was released after his discharge, and he meets the criteria for the Purple Heart.
11. Army Regulation 600-8-22 (Military Awards), then in effect, specified the Purple Heart was awarded for a wound sustained while in action against the enemy or as a result of hostile action. Substantiating evidence must had been provided to verify the wound was the result of hostile action, the wound must had required treatment, and the medical treatment must had been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The regulation governing award of the Purple Heart specifically states that in order to support award of the Purple Heart, there must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.
2. The documentation provided by the applicant was carefully considered; however, the overall merits of the case including the latest submissions are insufficient as a basis to grant his request. In all cases the burden of proof rests with the applicants to submit substantiating evidence of their entitlement for award of the Purple Heart in the absence of the evidence of record. He has not satisfactorily shown an error or injustice exists in his record concerning award of the Purple Heart.
3. In view of the foregoing, there is no basis for granting his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_ ____x____ ____x____ 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 AR20090015840, dated 29 December 2009.
_______ _ x_______ ___
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) AR20100008332
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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