| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart.
APPLICANT STATES: In effect, that a Vietnam buddy confirms his entitlement to the Purple Heart. He submits a copy of a 4 March 2001 statement to support his case.
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 (AR2001051689) on 22 February 2001.
The applicant’s submission is new evidence that requires Board consideration.
The applicant’s Vietnam comrade writes that he and another soldier served in the same division with the applicant and that they were informed by the applicant’s supply sergeant that the applicant, “was shot in the head and suffered a lot of head trauma from the wounds.” He also relates that when they returned to the United States they all lost their records. Their records, “were on another plane that went down.”
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 of 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 statements of individuals are inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.
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
___RJW_ ____KAN ___REB_ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR20010557934 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011025 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002078569C070215
The staff of the Board is authorized to determine whether or not such evidence has been submitted. However, these medical records do not show that the applicant was wounded as a result of hostile action in Vietnam. However, in the absence of orders or other evidence of record showing the applicant was wounded or treated for wounds as a result of hostile action in Vietnam, the Board determined that this statement is not sufficient as a basis for award of the Purple Heart.
ARMY | BCMR | CY2003 | 2003084989C070212
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: He also submitted requests for award of the Purple Heart and the Combat Infantryman Badge which are new issues not previously considered by the Army Board for Correction of Military Records (ABCMR).
ARMY | BCMR | CY2001 | 2001060552C070421
He further claims that one of his fellow soldiers was an eyewitness to seeing seven soldiers killed and the applicant and others being wounded during their encounter with the Korean enemy. The applicant’s siblings provided a signed notarized letter in which they all attest to their brother serving in the US Army in Korea, and being wounded in the forehead, in 1954. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence...
ARMY | BCMR | CY2001 | 2001061107C070421
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...
ARMY | BCMR | CY2002 | 2002070939C070402
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. Army Regulation 600-8-22...
ARMY | BCMR | CY2001 | 2001058483C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS : In effect that his military records be corrected to show he was awarded the Purple Heart (PH). There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple...
ARMY | BCMR | CY2002 | 2002076103C070215
The statement submitted by the applicant is new evidence that requires Board consideration. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action. While the original rules established that the Purple Heart would be awarded to individual's killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were...
ARMY | BCMR | CY2002 | 2002079538C070215
APPLICANT REQUESTS :Reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart for injuries suffered while he was a prisoner of war. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. Further, this Board also determined, after review of all the evidence in this case, that there is insufficient evidence upon which to base award of the...
ARMY | BCMR | CY2002 | 2002071243C070402
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: NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect the Board's previous consideration of the Docket Number AR2001061922 by the Army Board for Correction of Military Records (ABCMR) on 24 January 2002.
ARMY | BCMR | CY2002 | 2002079930C070215
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. It provides that, if a...