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Decision Text

ARMY | BCMR | CY2001 | 2001063100C070421
Original file (2001063100C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 December 2001
         DOCKET NUMBER: AR2001063100


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Antoinette Farley Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Thomas Lanyi Member
Mr. Jose A. Martinez Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests reconsideration of his previous application to correct his military records to show award of the Purple Heart.

3. The applicant submits a copy of a Purple Heart Certificate, dated 21 October 1969. He also submits a 11 December 1968 letter from Headquarters, US Army Training Center Engineer and Fort Leonard Wood, Missouri, which states that the command was forwarding the Purple Heart medal to his home of record.

4. The Memorandum of Consideration (MOC) of the Board’s 16 August
2001 review of the case (AR2001054760) is incorporated herein by reference as if wholly set forth.

5. The applicant’s submission is new evidence that requires Board consideration.

6. The Vietnam Casualty Roster shows the applicant as a battle casualty
on 26 May 1968.

7. 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.

CONCLUSIONS:

1. The applicant was awarded the Purple Heart and his status as a battle casualty is confirmed by the Vietnam Casualty Roster of 1968.

2. Therefore, in view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would rectify an injustice.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart.

BOARD VOTE:

_INW___ __JAM___ ___TL___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION





                  _ Irene N. Wheelwright_________________
                  CHAIRPERSON


INDEX

CASE ID AR2001063100
SUFFIX
RECON
DATE BOARDED 2001.12.18
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION Grant
REVIEW AUTHORITY
ISSUES 1. A107.51
2.
3.
4.
5.
6.





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