APPLICANT REQUESTS: Reconsideration of his previous request to correct his records to reflect award of the Purple Heart.
APPLICANT STATES: That the medical records the Board reviewed previously verify that he was wounded, the wound did require treatment, and the medical treatment was made a matter of official record.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's original consideration of his case on 17 April 1996 (COPY ATTACHED).
In support of his request the applicant provides a copy of a medical record entry dated 3 March 1969. The doctor wrote, in effect, that the patient claims that two days ago he received a blast from a booby trap and has decreased vision. He further states the applicant had an eye examination on 31 October 1968 and that an examination should be repeated. The word drops indicates the applicant may have been treated with eye drops.
The Board had access to this medical entry in the previous consideration but failed to address it in the previous MOC.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile force. A wound is considered torn or permanently damaged tissue.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant was treated for a temporary condition not for a wound. Furthermore, there is no available substantiating evidence to show that the incident was the result of enemy action.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Loren G. Harrell
Director
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APPLICANT STATES: In effect, that the medical records verify that he was wounded twice as a result of direct combat. It was only after all other aspects had been considered and it had been concluded that there was no basis to recommend a correction of the records that the Board considered the statute of limitations. The Board has never denied an application simply because it was not submitted within the required time.
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I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded: Given the lack of any indication in the applicant’s military medical records or in his OMPF that he was awarded or entitled to the PH, the Board...
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His record contains a Casualty Report, dated 7 February 1970, which states that he received a macular wound to his left eye due to the premature detonation of a grenade being used for H&I fire (destroying terrain the enemy could use for cover and concealment). Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Therefore, he is not entitled to correction of his record to show...
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The applicant also states that Army Regulation 600-8-22 (Military Awards) says a wound must be the result of hostile action and evidence must be provided to show the wound required treatment and the treatment made a matter of official record. In the original finding, the ABCMR did not find evidence of record to support award of the Purple Heart, for there was no casualty report filed or medical treatment documented for wounds received in action or permanent orders published announcing award...