| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Mr. Raymond V. O'Connor | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by showing award of the Purple Heart.
APPLICANT STATES: In effect, that his medical records should show that a medical doctor in the Long Bien post in Vietnam treated his wound. He states that the doctor told him that the wound should have been "stitched up." He also states that he initially went to Long Bien because he had lumps growing on his chest and he was getting worried about it. While he was in Long Bien, he had the doctor look at the wound on his leg.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect consideration by the Army Board of Correction of Military Records of Docket Number AR2001066206 on 4 April 2002.
The applicant submits a letter, dated May 23, 2002, which gives an explanation of the treatment of his wound sustained in Vietnam.
The applicant’s contentions are new arguments that require Board consideration.
The applicant's medical records are not present in his service personnel records.
There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in
item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). The applicant's name is not listed on the Vietnam Casualty Roster.
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, 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 a 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 (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
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 considered the applicant's contentions that his wound was treated by a medical doctor in Long Bien Post in Vietnam.
2. The Board noted that there is no military medical record or other evidence in the applicant’s service personnel records which shows that the applicant was wounded as a result of hostile action or was treated for wounds or injuries sustained as a result of hostile action.
3. The applicant’s DA Form 20 does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).
4. The Board determined that the available evidence is not sufficient to support award of the Purple Heart in this case. Specifically, there is no medical evidence or other evidence in the applicant’s service records which shows that he was wounded or treated for wounds resulting from hostile action as required for award of the Purple Heart.
5. 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.
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
RVO_____ BJE_____ KAH_____ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2002076107 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021024 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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