| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Ms. JoAnn H. Langston | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Walter T. Morrison | 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 was wounded before he was taken prisoner. He was in a building and an enemy artillery knocked loose bricks that fell on his foot and ankle. He was not imprisoned with the others from his company. He fell out of the march, because of his bad foot. The others were marched further. He feels like he is not being believed. He thinks that the medical document he submits demonstrates that he was, indeed, wounded in action.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR2000035616) on 11 May 2000.
The applicant submits a 4 June 1945 Abstract Record of Hospitalization.
The applicant’s submission is new evidence that requires Board consideration.
With reference to the applicant’s foot and ankle, the 4 June 1945 Abstract Record of Hospitalization reports “5. Complaints that have been investigated:…pain in rt. ankle and foot….”
A search of the National Archives failed to produce any evidence to help substantiate the applicant’s request.
Army Regulation 600-8-22 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. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for 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 that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. 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 one 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 4 June 1945 Abstract Record of Hospitalization is insufficient as a basis for award of the Purple Heart because it does not meet the regulatory requirement that “Substantiating evidence must be provided to verify that the wound was the result of hostile action.”
2. Denial of the applicant’s request is not the result of the Board not believing him. Rather, it is the result of there not being any substantiating evidence. Clearly every Board decision must be based on some evidence beyond the assertion of the individual making the request.
3. 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.
4. 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
_JHL____ __RWA_ __WTM__ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2001057383 |
| SUFFIX | |
| RECON | This applies only to ADRB |
| DATE BOARDED | 20010314 |
| 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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