MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 19 March 2002
DOCKET NUMBER: AR2001063254
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
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 award of the Purple Heart.
APPLICANT STATES: He was wounded by shrapnel from a mortar round while in Vietnam. However, the medical records recording his wound were lost.
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 5 August 1999 (AR1999020902).
In support of his request the applicant submits Department of Veterans Affairs medical records showing that shrapnel was removed from his nose in 1985.
In the Boards original consideration of the applicants request, it was noted that none of the documents which would normally be expected to reflect a combat incurred wound reflected such a wound. Based on that lack of documentation, the Board denied the applicants request.
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. While the applicant has submitted evidence that a piece of shrapnel was removed from his nose in 1985, that was 14 to 15 years after the alleged wound and 10 years after the applicants discharge from the Army.
2. Fragment wounds are not military specific. Fragment wounds are frequently suffered by people working in automotive repair shops and machine shops, just to name two.
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
__xx____ ___xxx___ ____xxxxaaaaaaaaaaaaaa DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
INDEX
CASE ID
AR200163254
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20020319
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.
ABCMR Memorandum of AC
Consideration (cont)
2
ABCMR Memorandum of AR2001063254
Consideration (cont)
2
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