BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100010344
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 the Army Board for Correction of Military Records (ABCMR) decision denying him award of the Purple Heart.
2. The applicant states he cannot produce new evidence for his finger wound, but he has proof of other injuries that were not included. He states he suffered a leg sprain in combat. He states he only has the convalescent hospital on his records. He also states he suffered damage to his hearing from a German railroad artillery gun. He states he receives disability from the Department of Veterans Affairs (VA) for this condition.
3. The applicant provides copies of:
* one page from his decision from the Board of Veterans Appeals (BVA)
* a letter, dated 14 July 2000, from the VA
* a letter, dated 4 October 2001, from the VA
* a letter, dated 19 January 1998, from a fellow Soldier
* his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement), dated 28 May 1946
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 AR20090016219 on 28 January 2010.
2. The documents submitted by the applicant with his request for reconsideration are new evidence which require that his case be reconsidered by the ABCMR. In addition, he presents a new argument for his eligibility for the award of the Purple Heart.
3. The applicant's complete military record is 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using a reconstructed record that primarily consists of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and the documents provided by the applicant.
4. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 21 April 1944. It also shows he was assigned to the 142nd Infantry Division and that he served in the European theater of operations from 4 November 1944 through 17 May 1946.
5. On 29 May 1946, the applicant was discharged. Item 33 (Decorations and Citations) of his WD AGO Form 53-55 does not show he was awarded the Purple Heart. Item 34 (Wounds Received in Action) contains the entry "None."
6. The applicant's service medical records were not available for review. The convalescent hospital records mentioned by the applicant were not included with his request for reconsideration.
7. There is no evidence of the applicant having suffered a leg sprain as a result of enemy action and requiring treatment by a medical officer for that injury.
8. The page from the applicant's BVA decision stated that service connection for his bilateral hearing loss has been established as directly related to military service.
9. The letter, dated 19 January 1998, from a fellow Soldier stated they were close to a pillbox when it was hit by an artillery shell. He states they both now suffer from hearing loss and tinnitus. However, he did not state whether or not the applicant required medical treatment by a medical officer for his injury and there is no evidence indicating such treatment.
10. Army Regulation 600-45 (Decorations), then in effect, which governed the award of Army decorations until 23 August 1951, stated the Purple Heart was awarded to citizens of the United States serving with the Army who were wounded in action against an enemy of the United States or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Purple Heart based on his hearing loss and leg sprain. He states he has no new evidence concerning the injury to his hand.
2. Documents from the VA were reviewed. However, the VA merely establishes whether or not an injury was incurred while the member was in the military service. They are not charged with establishing nor do they try to establish eligibility for the award of the Purple Heart.
3. The statement from the Soldier was reviewed. However, he did not state whether he or the applicant required medical treatment after the shell hit the pillbox. In addition, there are no official documents to corroborate his statement.
4. Regrettably, in the absence of substantive evidence showing the applicant was wounded as a result of enemy action and that he required medical treatment by a medical officer, there is still insufficient evidence to support the award of the Purple Heart in this case.
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 AR20090016219, dated 28 January 2010.
___________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) AR20100010344
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100010344
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130016445
Although the applicant may have sprained his ankle when he jumped off a tank, there is no evidence that this injury was sustained as a result of hostile action. His WD AGO Form 53-55 does not indicate he received a combat-related wound and he has not provided any evidence that shows he was wounded or injured as a result of hostile action. Notwithstanding his sincerity that he sustained an injury caused by an enemy bullet or shrapnel, in the absence of documentation that conclusively shows...
ARMY | BCMR | CY2013 | 20130021515
He and his sergeant were wounded when a shell exploded sending him and his sergeant back into the trenches. The applicant provides Congressional correspondence and the following previously-considered and/or available documents: * Self-authored summary of service highlights * Letters from fellow Soldiers * Certificate showing another Soldier was awarded the Purple Heart * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) * Honorable Discharge Certificate *...
ARMY | BCMR | CY2010 | 20100007572
The applicant's military records are not available to the Board for review. The applicant previously submitted various medical documents showing treatment for an abscess on his left leg; however, none of his documents showed a cold weather injury. Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action or that he suffered a severe cold weather injury while engaged in combat and...
ARMY | BCMR | CY2009 | 20090006501
The applicant states that he was wounded in action multiple times but was never awarded the Purple Heart. However, there is insufficient evidence to grant him the Purple Heart in this case. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for...
ARMY | BCMR | CY2009 | 20090014233
The applicant states that the FSM should be awarded the Purple Heart for an injury he suffered during war service and the subsequent deformity of his leg. 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 an enemy or as a result of hostile action. Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows the FSM was wounded or injured as a...
ARMY | BCMR | CY2009 | 20090001073
The applicant requests correction of his military records to show award of the Purple Heart. There is no evidence in the documents the applicant provided that show he was treated for cold injuries. The applicants claim of entitlement to award of the Purple Heart for cold weather injuries he received while in the ETO was carefully considered.
ARMY | BCMR | CY2011 | 20110023803
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. The applicant's military records are not available to the Board for review. Regrettably, notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel...
ARMY | BCMR | CY2011 | 20110008099
c. the applicant's available medical records do not show he suffered a combat wound or injury or that he was treated for a combat wound or injury. d. regrettably, notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is...
ARMY | BCMR | CY2005 | 20050005134C070206
The FSM is therefore entitled to award of the Bronze Star Medal based on the special provisions of the awards regulation that considered award of the Combat Infantryman Badge to be a citation in orders. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by: a. deleting the European-African-Middle Eastern...
ARMY | BCMR | CY2013 | 20130008734
The applicant, the widow of a deceased former service member (FSM), requests her husband be posthumously awarded the Purple Heart and correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show this award. The FSM's military service records are not available to the Board for review. In addition, the FSM's WD AGO Form 53-55 does not show he was wounded in action.