| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Thomas B. Redfern | Member | |
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by awarding him the Purple Heart. He also requests award of the Combat Infantryman Badge, which is a new issue.
APPLICANT STATES: In effect, that his knee was crushed between a tripod and a .50 caliber machine gun during a field operation in "War Zone D" during the period 24 March 1970 to 29 March 1970 in Vietnam.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect consideration of Docket Number AC90-09361 by the Army Board for Correction of Military Records (ABCMR) on 13 February 1991. The ABCMR denied the application based on failure to timely file.
In support of his claim for award of the Purple Heart, the applicant provided a copy of a citation for award of the Army Commendation Medal for meritorious achievement from 24 March 1970 to 29 March 1970. This citation describes the field operation to which he claims he was wounded.
The citation is new evidence which will be considered by the Board.
There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.
The applicant's name does not appear on the Vietnam Casualty Roster.
The applicant's service personnel records show that he was assigned to Headquarters and Headquarters Battery, 1st Battalion, 75th Artillery, in military occupational specialty (MOS) 63A (wheel vehicle mechanic) during his assignment in Vietnam.
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 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the Total Army Personnel
Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
Army Regulation 15-185 (Army Board for Correction of Military Records) 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.
Army Regulation 15-185 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 noted the citation for the Army Commendation Medal provided by the applicant in support of his claim for award of the Purple Heart. However, this citation does not show that the applicant was wounded as a result of hostile action in Vietnam.
2. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was injured or treated for wounds as a result of hostile action. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.
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 Docket Number AC90-09361 on 13 February 1991.
4. Although the applicant contends that he is entitled to the Combat Infantryman Badge, evidence of record shows the applicant served as a mechanic with an artillery battalion in Vietnam.
5. There is no evidence of record that the applicant was ever awarded an infantry MOS, served in an infantry MOS, or served in active ground combat while an assigned member of an infantry company in Vietnam. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
6. 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.
7. 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
aao_____ tbr_____ kah_____ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2002083064 |
| SUFFIX | |
| RECON | Yes |
| DATE BOARDED | 20030605 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | 107.0111 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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