| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Arthur A. Omartian | Chairperson | ||
| Mr. John P. Infante | Member | ||
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: Reconsideration of his request for award of the Purple Heart.
APPLICANT STATES: That as new evidence he provides his Department of Veterans Affairs (VA) Rating Decision.
COUNSEL CONTENDS: Counsel makes no additional contention.
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 24 November 1999 (docket number AR1999021476).
By VA Rating Decision dated 3 March 1999, the VA found the applicant's disability due to a shrapnel scar on the forehead as service-connected at a less than 10 percent disability rating. The reasons and bases for the decision noted that the applicant's service medical records were not available for review and a separation examination did not note a head injury. The VA based its decision on the statement of the applicant, his daughter, and buddy statements, resolving reasonable doubt in favor of the applicant.
A review of the historical files of Company I, 152d Infantry Regiment, 38th Infantry Division were reviewed at the National Archives, College Park, MD. The review failed to identify the applicant as being eligible for award of the Purple Heart.
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. It is acknowledged that the VA granted the applicant service-connection for a shrapnel scar on his forehead based upon the same information upon which the Board denied his request for the Purple Heart. However, the VA operates under its own policies and procedures. Any decision they make does not automatically mean there was an error or injustice on the part of the Army.
2. The applicant did not meet the regulatory requirement for award of the Purple Heart in that, as he noted in his original application, his wound did not require treatment by a medical officer and accordingly no official record of medical treatment was completed.
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
__AAO__ ___JPI___ __REK __ DENY APPLICATION
| CASE ID | AR2002068552 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/11/14 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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