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ARMY | BCMR | CY2001 | 2001061318C070421
Original file (2001061318C070421.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 24 January 2002
         DOCKET NUMBER: AR2001061318

         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. Robert J. McGowan Analyst


The following members, a quorum, were present:

Mr. George D. Paxson Chairperson
Mr. Walter T. Morrison Member
Mr. Richard T. Dunbar 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: Reconsideration of his request for awarding him the Purple Heart (PH) for wounds he received in Italy during World War II.

APPLICANT STATES: That during the invasion of Sicily, he received shrapnel wounds to his neck and back. In support of his application, he provides a letter from his sister (previously seen by the Board) and a letter from his personal physician.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records, which were summarized in a memorandum, prepared to reflect the Board's original consideration of his case on 8 May 2001 (AR2000046636). The applicant provides new evidence from his personal physician in the form of a letter stating that the applicant has "multiple superficial scars on the right posterior neck consistent with old shrapnel injuries."

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 Board's prior review of all available evidence related to this case revealed that there is no medical evidence from Army medical personnel to show that the applicant was ever treated for wounds incurred in combat. His separation physical examination makes no mention of shrapnel wounds or scars; his WD AGO Form 53-55, and other related separation documents, show no evidence of his having been wounded.

3. The overall merits of the case, including the latest submission from the applicant's doctor, 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___ ___WTM_ __RTD__ DENY APPLICATION



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



INDEX

CASE ID AR2001061318
SUFFIX
RECON 20010508
DATE BOARDED 20020124
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY DIRECTOR
ISSUES 1. 107.0015
2.
3.
4.
5.
6.



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