| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Hubert O. Fry | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart.
APPLICANT STATES: In effect, that he was not awarded the Purple Heart for injuries received in Vietnam. He contends that he sustained a perforated [pierced with holes] tympanic membrane [middle ear] and a broken shoulder as a result of a land mine explosion in October 1968 in Vietnam.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect the consideration of Docket Number AR1999030486 by the Army Board for Correction of Military Records (ABCMR) on 24 February 2000. Also, attached is the Memorandum of Consideration prepared to reflect the consideration of a request for reconsideration of Docket Number AR2001055604 on 19 July 2001.
The applicant submits an eyewitness statement, dated 29 May 2001, which he contends is new and relevant evidence. However, this statement was previously considered by the ABCMR on 19 July 2001 as reflected in Docket Number AR2001055604.
The applicant submits an undated eyewitness statement from fellow soldier at the time in question. He attests that the applicant was wounded by an enemy mine on or about 5 October 1968 and that he suffered ear and shoulder pain. He states that the applicant was removed from the field and taken to the hospital where he spent approximately 25 days.
The applicant submits a second eyewitness statement, dated 6 March 2002, from a noncommissioned officer at the time in question. This soldier attests that the track he was commanding hit a mine on the road and the applicant was blown off the track injuring his shoulder. He also states that after the applicant went to the medic it was determined that the applicant had a busted eardrum. This soldier also indicates in his statement that a photograph of the track taken after the mine explosion was attached; however, this photograph was not available for review.
These two eyewitness statements are new evidence and will be considered by the Board.
The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.
There is no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.
The applicant’s DA Form 20 (Enlisted Qualification Record) does not reflect entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant’s name does not appear on the Vietnam Casualty Roster.
Evidence of record shows that on 12 December 1969 the applicant underwent a separation physical examination which makes no mention of any wounds sustained as a result of hostile action.
Army Regulation 600-8-22 (Military Awards) 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.
The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
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. There is no evidence of record available to the Board which shows that the applicant was wounded or treated for wounds as a result of hostile action.
2. The Board considered the two eyewitness statements provided in support of the applicant’s claim for award of the Purple Heart. However, these statements are not sufficient by themselves as a basis for an award of the Purple Heart in view of evidence of record which shows the applicant was not wounded as a result of hostile action.
3. After review of all the evidence in this case and the latest submissions, this Board also concluded the applicant has presented no argument or evidence which is sufficient to reverse the previous decision rendered by the ABCMR in
AR1999030486 on 24 February 2000 or the decision rendered by the ABCMR in AR2001055604 on 19 July 1999.
4. Further, this Board also determined, after review of all the evidence in this case, that there is insufficient evidence upon which to base award of the Purple Heart at this time.
5. 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.
6. 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
SAC____ RWA____ HOF_____ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2002075331 |
| SUFFIX | |
| RECON | Yes |
| DATE BOARDED | 20021126 |
| 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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