Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002071272C070402
Original file (2002071272C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 3 October 2002
         DOCKET NUMBER: AR2002071272

         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. W. W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Walter T. Morrison Member
Mr. Charles Gainor 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: Award of the Purple Heart.

APPLICANT STATES: That he earned the Purple Heart by being wounded and that he was recommended for it. He submits a copy of a 2 February 1970 medical record to substantiate his case.

The medical record entry shows that the applicant was treated at the 548th General Dispensary in Korea. He "suffered wounds from a mine blast on his head, arms and body. Recommend Purple Heart." A specialist five signed the entry.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted and entered active duty on 2 December 1968. He completed training as a wheeled vehicle mechanic and was stationed in Korea with Headquarters and Headquarters Battery, 3rd Battalion, 81st Artillery from 9 July 1969 to 6 August 1970 when he was transferred to Germany. He was discharged on 8 July 1971.

During the processing of this case the historical files of the applicant's unit and of the 81st General Dispensary were searched at the National Archives, College Park, Maryland. These searches failed to produce any evidence to substantiate the applicant's entitlement to the Purple Heart.

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 in any action against an enemy of the United States or in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged. 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. Although the governing regulation provides for award of the Purple Heart for wounds sustained as the result of hostile actions involving former enemies, there is no available evidence that the applicant was wounded under such circumstances.

2. The entry by the specialist five is noted. Unfortunately, the historical files of neither the applicant's unit nor the treating medical facility indicated that he was wounded under conditions that would warrant award of the Purple Heart.

3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

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

__INW___ __WTM _ _CG____ DENY APPLICATION



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




INDEX

CASE ID AR2002071272
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20021003
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.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002075943C070403

    Original file (2002075943C070403.rtf) Auto-classification: Denied

    There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. The Board noted that the applicant authenticated his discharge document at the time of his separation from the Army which shows that he was not awarded the Purple...

  • ARMY | BCMR | CY2002 | 2002073286C070403

    Original file (2002073286C070403.rtf) Auto-classification: Approved

    I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DO Form 214. A search of unit historical records and Surgeon General of the Army hospital records failed to...

  • ARMY | BCMR | CY2004 | 20040008284C070208

    Original file (20040008284C070208.doc) Auto-classification: Denied

    The applicant requests correction of his records to show award of the Purple Heart. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214. Therefore, his records should be corrected to show this award.

  • ARMY | BCMR | CY2007 | 20070015665

    Original file (20070015665.TXT) Auto-classification: Approved

    Headquarters, 71st Evacuation Hospital, General Orders Number 36, dated 31 March 1970, show that the wounded Soldier, described in the applicant's self-authored statement, was awarded the Purple Heart for wounds received in action on 30 March 1970. b. Therefore, there is sufficient evidence to grant the applicant the Purple Heart and correct his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2002 | 2002074668C070403

    Original file (2002074668C070403.rtf) Auto-classification: Denied

    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. Once the Korean War Service...

  • ARMY | BCMR | CY2002 | 2002075590C070403

    Original file (2002075590C070403.rtf) Auto-classification: Approved

    He was treated with medications and informed to return if no improvement occurred. Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record. While the applicant's records do show that he was treated on 8 March 1968 for a small laceration to his left knee, there is not sufficient information to indicate that the injury...

  • ARMY | BCMR | CY2007 | 20070003793C071029

    Original file (20070003793C071029.doc) Auto-classification: Denied

    On 22 October 2006, the applicant prepared a three-page letter, Subject: Request for Correction of Military Records, and addressed this letter to the Army Review Boards Agency. A*****, Jr., who states he was an eyewitness and knew and crewed the same helicopters and was on the same flights for many of their unit’s combat missions. The evidence he submitted, the Chronological Record of Medical Care, dated 24 March 1970, does not indicate the wound he was treated for on that date was...

  • ARMY | BCMR | CY2004 | 20040006583C070208

    Original file (20040006583C070208.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 August 2005 DOCKET NUMBER: AR20040006583 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. This medical record shows the following entries under "Diagnosis": “Contusion, right lip, mild, a.i. These records also show that the medical authorities who treated the applicant at that time determined that...

  • ARMY | BCMR | CY2008 | 20080008958

    Original file (20080008958.txt) Auto-classification: Denied

    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 | CY2006 | 20060011962

    Original file (20060011962.TXT) Auto-classification: Denied

    Evidence of record clearly shows that the applicant sustained wounds as a result of small arms ammunition; however, medical records show that the wound was accidentally self-sustained. As a result there is not basis to grant award of the Purple Heart in this case. Therefore, the applicant is entitled to award of the Republic of Korea-Korean War Service Medal and correction of his records to show this award.