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ARMY | BCMR | CY2002 | 2002066823C070402
Original file (2002066823C070402.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 11 July 2002
         DOCKET NUMBER: AR2002066823

         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Ted S. Kanamine Chairperson
Mr. John T. Meixell Member
Mr. Harry B. Oberg 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 (PH).

APPLICANT STATES: That he was wounded in April 1966 near Bien Hoa, Vietnam.

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 11 May 2000 (AR1999032330).

The applicant submits a statement from an individual who states that he served with the applicant in Vietnam. This individual states that during a mortar attack the applicant received a wound to his hand for which he received medical attention. This individual continues that the applicant was asked to sign papers for award of the PH at that time, but refused. The applicant did not think he deserved the PH because others were wounded more severely.

The documentation provided with his current application represents new information that requires consideration by the Board.

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 a statement showing that he was wounded in Vietnam, he has not submitted any documentation verifying that he received medical treatment.

2. Without medical records to show that he was treated for his wound, there is insufficient evidence to support award of the PH.

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

__jtm____ ____tsk__ ___hbo _ DENY APPLICATION



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



INDEX

CASE ID AC2002066823
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020711
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.




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