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Decision Text

ARMY | BCMR | CY2001 | 2001059172C070421
Original file (2001059172C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 25 October 2001
         DOCKET NUMBER: AR2001059172

         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Ms. Kathleen A. Newman Member
Mr. Ronald E. Blakely 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: While serving in Vietnam, a bomb exploded while he was unloading explosives, resulting in a wound to his left hand. He was treated for the wound, but later discovered that there was shrapnel in the wound which was removed by the Department of Veterans Affairs (DVA). At the time he refused the Purple Heart, but now wants his separation papers corrected to reflect that he was awarded that decoration.

In support of his application he submits documents from the DVA dated August 1969 in which it is shown that the applicant had a brassy metallic object removed from his finger. The applicant had reported to the DVA that he had cut his finger while unloading ammunition from a truck. However, one of the five pages of medical records refers to the cut as a shrapnel wound.

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

He was inducted on active duty on 12 September 1967, was awarded the military occupational specialty of artilleryman, and was promoted to pay grade E-4. He served in Vietnam from 23 July 1968 to 22 July 1969 and was honorably released from active duty on 22 July 1969.

The applicant’s DA Form 20, Enlisted Qualification Record, Item 40, Wounds, has nothing entered. The applicant’s separation physical examination has no entries concerning any wound.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained 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.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. There is no evidence that the applicant was treated for a wound while in Vietnam. To the contrary, both the applicant’s separation physical and DA Form 20 indicate he was not wounded.

2. While the applicant had a metallic sliver imbedded in his finger there is no evidence which would show that it was a shrapnel wound, other than the one page of DVA medical records prepared after the applicant was released from active duty. Since the applicant reported that he got the sliver while unloading ammunition, assuming it could be shown that the sliver was, in fact, incurred in Vietnam, he would have to show that the sliver was from shrapnel and not from handling munitions.

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

__kan ___ ___reb __ ____rjw_ DENY APPLICATION




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



INDEX

CASE ID AR2001059172
SUFFIX
RECON YYYYMMDD
DATE BOARDED 200101025
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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