| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Melvin H. Meyer | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart.
APPLICANT STATES: In effect, that the Board erred when it reported that he served as an interpreter because his letters show that he served in combat. In support of his application he submits copies of more V - Mail correspondence to his brother. These letters are dated 15 January and 5 February 1945. He re-submits the 6 February 1945 letter, which was quoted in the previous decisional document. He also submits a copy of an undated letter from the Department of Veterans Affairs (VA) that refers to his service medical records. He cites this as proof that the VA had his medical records. An associated decision from the Court of Veterans Appeals notes that, in April 1981, the applicant applied for service connection for frozen feet.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records that were summarized in a decisional document prepared to reflect the Board's previous consideration of the case (AR2000045620) on 31 October 2000.
The applicant’s submission is new evidence that requires Board consideration.
The applicant’s discharge certificate (WD AGO Form 53-55) indicates that he was authorized the Combat Infantryman Badge (CIB).
The 15 January and 5 February 1945 letters are apparently offered as proof that the applicant served in combat. The 6 February 1945 letter written from a clearing station in France, states “…I heard something overhead and as I hit the ground the palm of my right hand landed right on an open can, sharp side up. It’s only a flesh wound that has been stitched up yesterday with three stitches. I’ll probably be here for a few days.…”
An 18 January 2002 letter from the applicant states “…A Nazi plane flew overhead….”
During the processing of this case the historical files of the applicant’s unit were searched at the National Archives. This search failed to locate any information to substantiate the applicant’s appeal.
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 Board notes the applicant’s CIB and considers that, in reporting that his military occupational specialty was “interpreter”, the members of the previous panel did not mean to imply that the applicant had not served in combat. The previous decisional document simply reflected information that was available. However, that issue is not relevant to the award of the Purple Heart. Having served in combat or simply sustaining an injury in a combat zone does not qualify an individual for the Purple Heart.
2. The applicant is not entitled to an award of the Purple Heart because this situation does not meet the regulatory requirement in that there is no record of medical treatment for a wound sustained while in action against an enemy or as a result of hostile action. If the applicant believes that the VA has copies of service medical records that substantiate his case, he should ask the VA to forward them here. Currently, the VA will not forward records here based solely on the Board’s 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
__GDP __ __TAP__ ___MHM_ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2001059455 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020221 |
| 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 | 2002072174C070403
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 Board noted that this...
ARMY | BCMR | CY2001 | 2001058474C070421
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. The DA Form 1577 showing the applicant is entitled to the Purple Heart is new evidence that requires Board consideration. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action.
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...
ARMY | BCMR | CY2002 | 2002068572C070402
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. This medical record...
ARMY | BCMR | CY2002 | 2002071774C070403
APPLICANT REQUESTS : Reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart. There is no evidence that the applicant’s hospitalization was the result of hostile action. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2001 | 2001057383C070420
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 14 March 2002 DOCKET NUMBER: AR2001057383 The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant’s submission is new evidence that requires Board consideration.
ARMY | BCMR | CY2002 | 2002076107C070215
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's medical...
ARMY | BCMR | CY2002 | 2002073513C070403
This letter of support states that the applicant was wounded at the Battle of the Bulge and that he suffered frostbite of the feet and fingers. There is no evidence in the available records which shows that the applicant was wounded or treated for wounds as a result of hostile action. There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action during the Battle of the Bulge.
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 | CY2001 | 2001060905C070421
In an application dated 13 August 1998 he requested award of the Purple Heart be added to his “discharge” because he was “seeking compensation for frozen feet that happened during the Battle of the Bulge.” That request, and an earlier request dated 5 May 1998 in which the applicant merely requested that his records be amended “to show my Purple Heart Medal,” were administratively closed (AR1999016430) when it was determined that his military records were not available as a result of the 1973...