| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. Raymond V. O'Connor | Member | |
| Ms. Eloise C. Prendergast | 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 received a combat concussion wound in France during World War II.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the Proceedings prepared to reflect the consideration of Docket Number AR2001054004 by the Army Board for Correction of Military Records (ABCMR) on 26 June 2001.
On 16 January 2002, a request for reconsideration was reviewed by the ABCMR. The staff determined that the applicant had not provided any new evidence and his request was closed without action.
The applicant submits page one of a WD AGO Form 33 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 8 November 1945. Item 11 (List all significant diseases, wounds, and injuries. State circumstances under which wounds or injuries were incurred and date of onset.), in the Statement and Medical History of Examinee section of this WD AGO Form 33, shows the applicant reported, "Concussion Ears" in July 1944 in France.
The applicant's WD AGO Form 33 is new evidence and will be considered by the Board.
There is no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.
The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.
Item 34 (Wounds Received in Action) on the applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows the entry, "NONE."
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 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.
The regulation provides further guidance for reconsideration requests that are received more than 1 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 received a combat concussion wound in France during World War II.
2. The Board also reviewed the applicant's separation examination, dated
8 November 1945, wherein he reported, "Concussion Ears" in July 1944 in France.
3. 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 during World War II.
4. The applicant signed his discharge document on 8 November 1945 attesting to the fact that he was not wounded in action and was not entitled to the Purple Heart.
5. 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 AR 2001054004 on 26 June 2001.
6. 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.
7. 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.
8. 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
JL_____ RVO_____ ECP_____ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2002079930 |
| SUFFIX | |
| RECON | Yes |
| DATE BOARDED | 20030327 |
| 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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