IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100023508
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 previous request for award of the Purple Heart and correction of item 3 (Grade) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his rank as sergeant.
2. As a new evidence, the applicant states that photographs taken in Germany of him and his men and a newspaper article that refers to him by name as "sergeant" show he was a sergeant and the records the Army has are incorrect. In addition, the records that show he was treated for gastritis and tonsillitis do not tell the real reason he was hospitalized. He further states he sustained a chest hit from shrapnel and a small hit on his ankle. In his previous request he stated a medic treated his ankle quickly then he was transported to the hospital in France. The picture he is including with his application shows the five nurse's aides who took care of him while he was in the hospital in France. He hopes the Army Board of Correction for Military Records (ABCMR) will take a newer approach and conduct a better investigation.
3. The applicant provides copies of his WD AGO Form 53-55, his Honorable Discharge Certificate, six photographs, and a newspaper article.
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 AR20090021222 on 24 June 2010.
2. The applicant's 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 applicant's 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.
3. The applicant was inducted into the Army of the United States and entered active duty on 28 September 1944 and held military occupational specialty 761 (Scout). He served in the European theater of operations from 4 March 1945 through 13 July 1946.
4. He was honorably discharged on 31 July 1946. The WD AGO Form 53-55 he was issued shows the following entries:
* Item 3 "T/4" [technician four]
* Item 33 (Decorations and Citations) "World War II Victory Medal, Army of Occupation Medal, Distinguished Unit Badge, Good Conduct Medal, European-African Middle Eastern Campaign Medal"
* Item 34 (Wounds Received in Action) "None"
* Item 39 (Highest Grade Held) "T/4"
5. There is no evidence in the reconstructed records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
6. There are no orders in the available record which show he was promoted to sergeant.
7. Army Regulation 600-8-22 (Military Awards) provides 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.
8. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, provides that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, release from active duty, or transfer to a Reserve
Component. This manual states that item 3 shows the grade held by the enlisted member at the time of separation and item 38 shows the highest grade held by the enlisted member during current period of active duty.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the applicant's sincerity, there is no evidence in the available records that shows he was awarded the Purple Heart or was wounded as a result of hostile action during World War II. Regrettably, there is still insufficient evidence on which to base award of the Purple Heart in this case.
2. He contends Item 3 of his WD AGO Form 53-55 should be corrected to show his rank as sergeant. However, there are no orders which show he was promoted to sergeant. It is possible that he was made an acting sergeant, but there is no evidence to show he was promoted to sergeant. In the absence of promotion orders, the photographs he provided are insufficient as a basis for amending item 3 of his WD AGO Form 53-55 to show his rank as sergeant.
3. The ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR decides cases on the evidence of record. It is not an investigative body.
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 the overall merits of this case are
insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090021222, dated 24 June 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) AR20100023508
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ABCMR Record of Proceedings (cont) AR20100023508
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