| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by showing award of the Purple Heart.
APPLICANT STATES: In effect, that he was wounded in Vietnam and the shrapnel is still in his body today. He states that the aches and pains he suffers is a daily reminder to him.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR2001059734) on 27 September 2001.
The applicant submits three copies of Nuclear Medicine Reports, dated 18 December 1997 and 2 June 1998, which indicate small shrapnel fragments in his right ankle. He also submits medical records for various dates between December 1997 and September 1998.
The applicant’s submissions are new evidence that require Board consideration.
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.
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.
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 considered the applicant’s contention that he was wounded in Vietnam and the shrapnel is still in his body. The Board also noted that the medical documents provided by the applicant which indicate a small shrapnel fragment in his right ankle.
2. Notwithstanding the Nuclear Medicine Reports which identified a fragment in the applicant’s ankle as shrapnel, the Board concluded that the radiologist in this case could not distinguish between a piece of shrapnel and any other metal fragment or that it did or did not result from hostile action in Vietnam on or about 1 March 1969.
3. The applicant’s DA Form 20 does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations)
4. The applicant’s separation physical examination conducted on 13 August 1969, makes no mention of any wounds sustained as a result of hostile actions.
5. The preponderance of evidence indicates that the applicant was not wounded as a result of hostile action; therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.
6. 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.
7. 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
WTM____ CLG_____ RKS_____ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2001065040 |
| SUFFIX | |
| RECON | This applies only to ADRB |
| DATE BOARDED | 20020402 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003084856C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in the Proceedings prepared to reflect the consideration of Docket Number AR2002069749 by the Army Board for Correction of Military Records (ABCMR) on 1 October 2002. There is no evidence of record available to the Board, and the applicant has provided no evidence,...
ARMY | BCMR | CY2002 | 2002081117C070215
He contends that the Army Board for Correction of Military Records (ABCMR) awarded him a second award of the Purple Heart for a separate bullet wound to his head on 14 February 1968. The applicant also provided an application for correction of his military records, dated 17 April 2003, which requests award of the Purple Heart for a right The applicant provided a second application for correction of his military records, dated 17 April 2003, which requests award of the Purple Heart for a...
ARMY | BCMR | CY2015 | 20150000982
BOARD DATE: 1 October 2015 DOCKET NUMBER: AR20150000982 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 (Military Award) states the: a. Purple Heart is awarded for a wound sustained as a result of enemy action. There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of...
ARMY | BCMR | CY2015 | 20150003307
IN THE CASE OF: BOARD DATE: 6 October 2015 DOCKET NUMBER: AR20150003307 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130016895, dated 10 June 2014. In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 does not show he was wounded in...
ARMY | BCMR | CY2008 | 20080008958
The applicant essentially stated that as it shows on the AAR he provided, his unit was in battle. As a result, it appears that the reference "on left" was in regards to the applicant's hearing in his left ear and not his neck. While the sincerity of the applicant's claim to entitlement to award of the Purple Heart is not in question, there is no evidence in the applicant's military records, and the applicant failed to provide evidence which conclusively proves, by a preponderance of the...
ARMY | BCMR | CY2004 | 04101591C070208
Ronald Weaver | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 7 October 1998 this Board granted his request for award of the Purple Heart for a wound from a fragmentation grenade that he received in Vietnam in 1969. The evidence shows that the applicant has medical conditions caused by his exposure to chemical agents during his service in Vietnam.
ARMY | BCMR | CY2010 | 20100019766
The applicant requests award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. The applicant's request for award of award of the Purple Heart, and correction of his DD Form 214 to show this award was carefully considered; however, there is insufficient evidence to support his request. Notwithstanding the evidence he provided, neither his available records, nor the Vietnam casualty roster, provide...
ARMY | BCMR | CY2011 | 20110014948
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100025460, on 3 May 2011. On or about 16 August 1968, he was hospitalized in Vietnam. The ABCMR will decide cases on the evidence of record.
ARMY | BCMR | CY2014 | 20140012154
f. The ROP stated that his medical records were not available for the time he was in Vietnam and that his personnel records were void of nearly all documentation related to Vietnam. He has the Army Commendation Medal, shrapnel still in his arm, and the Board states he needs more proof. There is no available evidence of record and the applicant did not provide sufficient evidence provided showing he show he sustained a wound/injury as a result of enemy action, received treatment, and that...
ARMY | BCMR | CY2009 | 20090012640
The incident described by the applicant fits the regulatory examples of enemy-related injuries which clearly justify award of the Purple Heart, particularly the example of injury received in action and caused by an enemy placed mine or trap. Notwithstanding the additional information provided by the applicants Member of Congress and Colonel D___, there is no contemporaneous evidence that shows he was wounded or injured as a result of hostile action. Regrettably, absent evidence which...