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ARMY | BCMR | CY2001 | 2001057596C070420
Original file (2001057596C070420.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 7 August 2001
         DOCKET NUMBER: AR2001057596

         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. Michael L. Engle Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Thomas B. Redfern, III Member
Ms. Regan K. Smith 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: In effect, that his records be corrected to show award of the Purple Heart (PH).

APPLICANT STATES: In effect, that he believes that some of his military records were incorrectly filed in the records of another individual with the same name as his own. In support of his application, he provides a copy of general orders awarding the PH to an individual with his name but a different Army service number. The applicant indicates that his unit of assignment was the 523rd Transportation Company.

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

He was inducted into the Army on 10 June 1966 for 2 years. He completed his initial training and was subsequently assigned to the 504th Ordnance Detachment, Redstone Army Arsenal, Alabama, on 14 November 1966.

On 2 March 1967, the applicant and his unit were reassigned to the Republic of Vietnam (RVN). He remained assigned to this unit until his reassignment to the United States on 11 March 1968.

On 13 March 1968, the applicant was honorably released from active duty. He attained the rank of specialist four and completed 1 year, 9 months, and 4 days of creditable active service.

The general orders awarding the PH to an individual with the same name as the applicant show the unit of assignment as the 523rd Transportation Company. A copy of this order was also filed in the applicant’s military personnel records.

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 Board notes that the applicant never states that he was wounded in action while in the RVN, only that the subject orders pertain to him, rather than someone else with the same name. Furthermore, while the applicant does indicate his unit of assignment as the 523rd Transportation Company, there is no evidence of record to support his contention.

2. The evidence of record strongly suggests that the PH was awarded to an individual assigned to the 523rd Transportation Company and not to the applicant, who was assigned to the 504th Ordnance Detachment. Therefore, he is not entitled to award of the PH.

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

__MKP _ __TBR __ __RKS__ DENY APPLICATION



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




INDEX

CASE ID AR2001057596
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/08/07
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.



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