| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Regan K. Smith | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart.
APPLICANT STATES: In effect, that he has tried to locate witnesses to the event but has been unsuccessful. He forwards copies of correspondence to various agencies that he asked for assistance in locating his comrades. He submits a tape recording of his narration of the incident, color photographs of a significant scar on the back of a right hand, and a copy of the next consecutive photographic frame (numbered 491634) to the one from his service medical record that describes the injury to his ankles. He also submits a letter from a medical doctor who indicates that the applicant has a scar on the back of his right hand that is consistent with a shrapnel wound.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case (AR2000045172) on
21 November 2000.
The applicant’s submissions are new evidence that requires Board consideration.
The applicant attributes the absence of any medical record entry relating to his hand to the fact that the medical professionals were much more concerned about the damage to his feet and the fact that he could not walk.
Photographic record frame number 491634 from the applicant’s service medical records is the next adjacent frame to the hospital admission record showing his ankle injury. It is largely unreadable and adds no useful information to the case.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
The regulation provides further guidance for reconsideration requests that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
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 provides an explanation for the absence of a medical treatment record for the wound that produced the scar on his hand. However, neither the applicant’s explanation nor the doctor’s opinion overcomes the fact that there is no record of treatment for the hand injury and no substantiating evidence to show that the treatment to his ankles was the result of enemy action.
2. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.
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
_RVO___ ___RKS_ __DPH___ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2001055119 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011016 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 111.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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