Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002067191C070402
Original file (2002067191C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 9 April 2002
         DOCKET NUMBER: AR2002067191

         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Raymond J. Wagner Member
Mr. Donald P. Hupman, Jr. 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: That he be awarded the Purple Heart.

APPLICANT STATES: That he was hit by a grenade. He provides one page from a Department of Veterans Affairs (VA) Rating Decision as supporting evidence.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

The applicant entered active duty on 20 December 1950. He was separated on 25 September 1952.

The VA document provided by the applicant indicates his Report of Separation, DD Form 214, showed he served in Korea during the Korean War and received a Combat Infantryman Badge. The applicant stated that he was noise-exposed when a grenade/round exploded near his foxhole in 1951. VA outpatient treatment reports from 31 July 1998 through 4 September 2001 showed him with a history of a grenade blast in Korea and moderate to severe hearing loss. He also reported post-service noise exposure as an electrician.

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 by a medical officer, and the medical treatment must have been made a matter of official record.

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 appreciates the applicant’s service to his country during a time of war but the supporting evidence provided by him does not substantiate his contention that he was “hit” by a grenade while in Korea. The provided evidence shows that he stated he was noise-exposed when a grenade/round exploded near his foxhole. There is no evidence to show he was treated for hearing damage at the time and the applicant does not contend that he was treated for hearing damage due to this explosion. Therefore, it appears the applicant does not meet the eligibility criteria (i.e., treatment by a medical officer and medical treatment made a matter of official record) for award of the Purple Heart.

2. Regrettably, 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

__rvo___ __rjw___ __dph___ DENY APPLICATION



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




INDEX

CASE ID AR2002067191
SUFFIX
RECON
DATE BOARDED 20020409
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2011 | 20110018503

    Original file (20110018503.txt) Auto-classification: Denied

    He states: * he was denied the Purple Heart * an officer told him “friendly fire” doesn’t qualify for a Purple Heart * his infantry unit was guarding the perimeter of a fire base when they encountered enemy fire * his unit returned fire with mortars, M-60 machine gun, and M-16 Rifle * he sustained a wound when a grenade round exploded near him and ricocheted off metal stakes that were holding barbed wire * shrapnel penetrated his skin next to his jugular vein * he was medically evacuated to...

  • ARMY | BCMR | CY2008 | 20080014076

    Original file (20080014076.txt) Auto-classification: Denied

    The applicant states, in effect, that he should have been awarded the Purple Heart after his convoy was attacked on 7 December 2003 in Abu Ghraib, Iraq leaving him with permanent hearing damage. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), DA Form 2173 (Statement of Medical Examination and Duty Status), DD Form 2215E (Reference Audiogram), DA Form 2823 (Sworn Statement) in support of his application. There is no evidence in the...

  • ARMY | BCMR | CY2007 | 20070010178

    Original file (20070010178.TXT) Auto-classification: Denied

    In his self-authored statement, dated 1 August 2007, the applicant states that he was hit by shrapnel on 27 August 2006 and was reluctant to apply for award of the Purple Heart. c. DA Form 4187, dated 10 May 2007, requesting award of the Combat Action Badge and disapproved by the approval authority. There is no evidence and the applicant did not provide substantiating evidence that shows the decision to deny him award of the Combat Action Badge was in error or unjust.

  • ARMY | BCMR | CY2002 | 2002073615C070403

    Original file (2002073615C070403.rtf) Auto-classification: Approved

    The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award. The Board also noted that the applicant’s discharge document does not show any unit awards. Based on the foregoing, there is insufficient evidence upon which to base award of the Purple Heart, especially in view of the evidence of record which shows that the applicant was not wounded or injured as a result of hostile action.

  • ARMY | BCMR | CY2012 | 20120004977

    Original file (20120004977.txt) Auto-classification: Approved

    The applicant's Official Military Personnel File (OMPF) does not contain any general orders awarding him the 2nd or 3rd award of the Purple Heart. While there are no orders in the applicant’s available records awarding him the 2nd and 3rd award of the Purple Heart, the reasons cited on his orders awarding him the Silver Star and the BSM with "V" Device verify his heroic actions and contact with hostile forces on 10 December 1967 and 3 April 1968. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2010 | 20100020502

    Original file (20100020502.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His military service records contain a DA Form 2808 (Report of Medical Examination), dated 21 November 2003, that was completed by the examining physician assistant for the purpose of documenting the applicant’s medical fitness at the time of his separation. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile...

  • ARMY | BCMR | CY2014 | 20140001715

    Original file (20140001715.txt) Auto-classification: Denied

    The applicant states: * he was injured on 24 July 2009; he was present and physically located within 15 meters of the impact zone of several enemy mortar rounds * he was involved in an enemy indirect mortar attack that set ablaze a lithium battery warehouse * the incident caused him internal injuries and concussion injuries as a result of an enemy-generated explosion * HRC stated he did not meet the criteria for award of the Purple Heart because he was responding to an enemy attack rather...

  • ARMY | BCMR | CY2009 | 20090003060

    Original file (20090003060.txt) Auto-classification: Denied

    However, there is insufficient evidence to grant him the Purple Heart in this case. However, chronicles of events, which were prepared and/or are submitted more than 50 years after the fact, do not by themselves conclusively prove the applicant was wounded or injured as a result of hostile action. Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or...

  • ARMY | BCMR | CY2005 | 20050005531C070206

    Original file (20050005531C070206.doc) Auto-classification: Approved

    The applicant provides: a. Army Regulation 800-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Purple Heart for wounds received on 10 October 2003 while serving in Iraq.

  • ARMY | BCMR | CY2010 | 20100008090

    Original file (20100008090.txt) Auto-classification: Denied

    The applicant requests correction of his records to show award of the Purple Heart. The evidence of record does not show he was wounded in action during his tour in Vietnam. In the absence of any other corroborating evidence of record which shows the applicant was wounded or injured as a result of hostile action, regrettably there is insufficient evidence upon which to base correction of his records to show award of the Purple Heart in this case.