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Decision Text

ARMY | BCMR | CY2001 | 2001060389C070421
Original file (2001060389C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 15 January 2002
         DOCKET NUMBER: AR2001060389

         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
Mrs. Joyce A. Hall Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Hubert O. Fry, Jr. Member
Mr. Donald P. Hupman, Jr. 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: Award of the Purple Heart Medal.

APPLICANT STATES: In effect, that he would like to be awarded the Purple Heart for his eye injury. His eye was injured as a result of dioxin exposure while serving in the Republic of Vietnam (RVN).

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

On 5 July 1963, the applicant enlisted in the Regular Army for 3 years.
He completed the required training and was awarded military occupational specialty 62G20 (Quarryman)

The applicant served in the RVN from 13 May 1965 to 24 May 1966 and was honorably discharged on 25 June 1966.

The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

The applicant’s medical file is unavailable. Further review of the applicant’s record revealed Standard Form 88 (Report of Medical Examination) and Standard Form 89 (Report of Medical History) both forms indicated that the applicant suffered from Iritis of the left eye.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his record that shows he was wounded or treated for wounds as a result of hostile action.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound 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, 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, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.



2. The applicant alleges that his eye injury resulted from being exposed to Dioxin while he was assigned to the RVN. There is no evidence nor has the applicant presented any evidence in support of his allegation.

3. Therefore, in view of the foregoing, there is no basis for granting the applicant’s request.

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

__inw___ __hof___ __dph___ DENY APPLICATION



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




INDEX

CASE ID AR2001060389
SUFFIX
RECON
DATE BOARDED 20020115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


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