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Decision Text

ARMY | BCMR | CY2001 | 2001051536C070420
Original file (2001051536C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 3 April 2001
         DOCKET NUMBER: AR2001051536

         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.

Mr. Carl W. S. Chun Director
Mr. Vic Whitney Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Mr. John T. Meixell Member
Mr. Thomas Baxter Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That he be awarded the Purple Heart.

APPLICANT STATES: That he was wounded by shrapnel in the right wrist during an airmobile operation. He submits a copy of his record of treatment in support of his request.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted and entered active duty on 17 January 1968. He completed training as a turbine engine helicopter mechanic and was assigned to Vietnam. He was promoted to the pay grade of E-4 effective 19 June 1968. Effective 16 October 1970 he was separated from active duty and transferred to the USAR. Neither his DD Form 214 (Report of Transfer or Discharge), which he authenticated with his signature, nor his DA Form 20 (qualification record) show the Purple Heart as an authorized award. Block 40 (wounds) of his DA Form 20 is blank. He was awarded the Air Medal for meritorious achievement while participating in aerial flight for the month of August 1968. There are no subsequent awards of the Air Medal in the available record.

A 4 September 1968 record of medical treatment states that the applicant was treated for removal of a small fragment in his right wrist. There is no mention that the fragment was a result of action with the enemy. The applicant’s separation medical examination on 3 September 1970 does not contain any report by him or the doctor of medical treatment or evidence of residuals of a wound as a result of enemy action. Blocks 33 and 34 of his own report of medical history deny any illness or injury other than those he had listed.

Army Regulation 600-8-22 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States. The wound must have required medical treatment, and the medical treatment must have been made a matter of record.

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. Notwithstanding that the applicant was treated for a small fragment in his right wrist, there is no credible evidence in the available record, or submitted by the applicant, that the fragment was the result of action with the enemy.

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 this 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

__wm___ ___jm___ __tb___ DENY APPLICATION




                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001051536
SUFFIX
RECON
DATE BOARDED 20010403
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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