| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Ms. Barbara J. Ellis | Member | |
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: Reconsideration of her request that the records of her spouse, a deceased former service member, be corrected to reflect award of the Purple Heart.
APPLICANT STATES: That she has a telegram from the Adjutant General which states that her spouse was "injured in action…." States that her spouse would have had to be a "contortionist to have shot himself in the wrist." She also notes that her spouse was awarded an honorable discharge and disability and questions whether an individual who "accidentally" shot himself would have received a "dishonorable discharge without disability pay." In support of her request, the applicant submits a copy of the telegram she refers to in her request for reconsideration. The applicant also requests copies of the documents which indicate her spouse "shot himself."
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 (AR2001065629) on 23 April 2002.
The telegram submitted in support of the applicant's request for reconsideration states that her spouse was "slightly injured in action in France" on 29 June. The telegram is not dated. However, an original document, contained in the former service member's file, which served as the basis for the telegram, is dated
13 August 1944. That document, along with several other documents in the former service member's file, indicates the service member was wounded in action and reported as a battle casualty.
However, the former service member's file contains other medical documents, including documents associated with his disability processing, which indicate his injury was accidentally incurred. Two specific documents, one a summation of the service member's hospitalization and the other the service member's Certificate of Disability for Discharge, indicate that on 29 June 1944 in France, "while behind the lines," the former service member was cleaning his rifle which went off, discharging through the wrist, left, and resulting in fracture of the left radius." The documents note the former service member's injury "incapacitates by reason of limitation of motion of left wrist" and resulted in his certificate of disability for discharge. The injury was, however, determined to have occurred in the line of duty, indicating there was no evidence of any misconduct on the part of the service member. Copies of these documents will be provided to the applicant as part of these proceedings.
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 there are several documents in the former service member's file, including the telegram forwarded to his spouse in 1944, indicating the former service member was wounded in action and initially reported as a battle casualty, it was ultimately determined by medical authorities, and confirmed by the service member, that the injury was accidentally incurred. As such, the injury would not have warranted an award of the Purple Heart.
2. Additionally, the Board notes that because the injury was determined to have been accidentally incurred, and not the result of any misconduct on the part of the former service member, the character of his discharge and entitlement to disability would not have been affected.
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
__RVO__ __BJE___ __KAH__ DENY APPLICATION
| CASE ID | AR2002076919 |
| SUFFIX | |
| RECON | 20021024 |
| DATE BOARDED | YYYYMMDD |
| 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. |
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