| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Mr. Eric N. Andersen | Member | |
| Mr. John T. Meixell | 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 injured during a rocket mortar attack on 18 February 1968 in Vietnam while trying to escape in order to reach his chopper. He contends that he hit his eye on a foot locker while scrambling to his chopper gunship and that as a result of his injury his eye was removed.
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 AR1999027510 by the Army Board for Correction of Military Records (ABCMR) on 7 October 1999.
On 13 January 1982, the ABCMR denied the applicant’s initial request for award of the Purple Heart due to lack of evidence and failure to timely file.
The applicant submits a letter, dated 8 January 1998, from the Military Order of the Purple Heart. This letter states that during the applicant’s service in Vietnam he was injured from a fall he sustained during a rocket mortar attack, that two
ophthalmologists stated that the eye injury was directly related to his fall he sustained in Vietnam and that as a result of this injury his eye was enucleated.
The applicant provided a copy of a Unit Operations Report of the 187th Assault Helicopter Company, dated 1968, which shows the unit was hit by a rocket and mortar attack on 17 February 1968.
The applicant also provided two letters from ophthalmologists, dated 6 January 1998 and 7 October 1997, and an undated personal statement. However, this documentation was previously considered by the ABCMR on 7 October 1999.
The applicant’s submissions (letter dated 8 January 1998 and Unit Operations Report) were not previously considered by the ABCMR. Therefore, it is new evidence which 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 in April 1970 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. The Board considered the applicant’s contention that he was injured during a rocket mortar attack on 18 February 1968 in Vietnam. However, 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 in Vietnam.
2. The Board noted the Unit Operation Report provided by the applicant in support of his claim for the Purple Heart. However, this report does not identify the applicant by name as a casualty and does not show that he was wounded or injured 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 AR1999027510 on 7 October 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
MHM___ ENA_____ JTM_____ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2002076610 |
| SUFFIX | |
| RECON | Yes |
| DATE BOARDED | 20021105 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003085670C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 7 October 1999, the ABCMR denied the applicant’s request because the applicant had submitted the same medical evidence it had considered with his previous application and there was an absence of conclusive evidence or an eyewitness account that the injury resulted from combat related action. After review of new evidence submitted by the applicant, the Board concluded...
ARMY | BCMR | CY2015 | 20150001556
The applicant stated in his previous application: a. His records contain: a. He described these injuries as "superficial" and stated he believed the injuries may have been cause by shrapnel from the explosion.
ARMY | BCMR | CY2014 | 20140002046
Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was wounded as a result of hostile action by enemy forces while he was in Vietnam. A review of the applicant's Official Military Personnel File (OMPF) does not contain any documents that show he was wounded as a result of hostile action by enemy forces. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a...
ARMY | BCMR | CY2014 | 20140017020
The communications center where the applicant was assigned was also under attack and explosions were occurring all around them. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Based on these statements, it appears the applicant ran from the communications center during the mortar fire attack and ran into the wall surrounding the building and knocked himself unconscious.
ARMY | BCMR | CY2014 | 20140021588
He should be awarded the Purple Heart for wounds received in action on 31 January 1968, at the beginning of the TET Offensive [Republic of Vietnam], which were not reported. c. He was wounded during the attack when he was pushed to the cement sidewalk while running to his assigned bunker and sustained injuries to his right leg, including deep lacerations, blood loss, and bruising. His DD Form 214 shows he was credited with the completion of 3 years, 10 months, and 20 days of total active...
ARMY | BCMR | CY2002 | 2002083056C070215
The applicant contends that it has taken him 13 years to obtain new evidence which substantiates the requirements of Army Regulation 600-8-22 (Military Awards) pertaining to the Purple Heart. The applicant's submissions are new evidence and will be considered by the Board. Therefore, the applicant is entitled to award of the Purple Heart and correction of his military records to show this award.
ARMY | BCMR | CY2011 | 20110004887
Application for correction of military records (with supporting documents provided, if any). The former fellow Soldier stated: * a rocket penetrated the bunker in the applicant's sleeping area * the applicant was not seriously injured in the attack * he assessed the applicant's injuries and determined he didn't need medical care beyond his own medical treatment and bandaging * he failed to complete a Field Medical Card for the applicant's injuries * he provided a copy of his own DD Form 214...
ARMY | BCMR | CY2011 | 20120000074
The applicant states while serving in Vietnam, he came under mortar and rocket attack and was injured. The applicant provides: * a VA rating decision * a DA Form 8-274 (Medical Condition Physical Profile Record), dated 22 March 1968 * a DA Form 8-274 (Medical Condition Physical Profile Record), dated 26 June 1968 * a statement, dated 11 November 1968 for replacement of government issue items lost in a 27 September 1968 mortar and rocket attack CONSIDERATION OF EVIDENCE: 1. The...
ARMY | BCMR | CY2008 | 20080012770
The applicant states, in effect, he sustained shrapnel wounds during a mortar and rocket attack on the evening of 26 March 1969 while stationed at Dong Tam base camp in the Republic of Vietnam (RVN). The applicant contends, in effect, that his request for award of the Purple Heart should be reconsidered based on new evidence he presents concerning shrapnel wounds he sustained during a mortar and rocket attack on the evening of 26 March 1969 while stationed at Dong Tam base camp in the RVN. ...
ARMY | BCMR | CY2012 | 20120022453
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110014555, on 12 January 2012. It also states in order to award the Purple Heart there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment...