| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Mr. Lawrence Foster | Member |
APPLICANT REQUESTS: Reconsideration of his request for award of the Purple Heart.
APPLICANT STATES: In effect, that he is a deserving candidate for this award and that receiving this award will help to improve his health. He states that he has the shrapnel "bits, pieces, and particles" which were removed from his hands and arm as well as his mouth, and would be willing to send them to the Board for examination. He submits a copy of a May 2002 letter from the Columbia, South Carolina Department of Veterans Affairs Regional Office, to his congressional representative, which notes that he has a "pending claim for service connection" and that the Department of Veterans Affairs records show that he "is service-connected for tooth number seven."
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum (AR2002069942) prepared to reflect the Board's original consideration of his case on 22 August 2002. The applicant's submission of the Department of Veterans Affairs letter constitutes new evidence, which requires consideration by the Board.
Copies of the applicant's military service records associated with his active duty service between 1967 and 1969, were still not available to the Board. However, records associated with his Army National Guard Service in the 1970's contain two physical examination records. One examination, a periodic physical examination completed in April 1976, and the other, an examination completed in September 1977, make no reference to any wounds or injuries sustained by the applicant's as a result of hostile action. Neither examination notes any scars, hospitalization, or treatment by medical personnel for combat wounds sustained while the member was in Vietnam.
The letter submitted in support of the applicant's petition for reconsideration of his request for award of the Purple Heart merely indicates that documents available to the Department of Veterans Affairs indicate the applicant's loss of a tooth was service connected. It does not indicate the loss resulted from enemy action while the applicant was in Vietnam.
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 the applicant may have several service connected disabilities, as determined by the Department of Veterans Affairs, that determination, in the absence of more compelling evidence that the injuries/wounds were the result of hostile action, is insufficient evidence on which to basis an award of the Purple Heart.
2. Additionally, while the applicant may have pieces of shrapnel he claims remained from combat incurred injuries or wounds, in the absence of evidence which ties those pieces of shrapnel to wounds incurred as a result of hostile action which required treatment by a medical doctor, there would continue to be no basis on which to award the Purple Heart.
3. The fact that the applicant maintains that he is a deserving candidate for the award, or that receiving the award would improve his health is also not a basis on which to grant an award of the Purple Heart.
4. 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.
5. 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.
NOTE:
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__JNS __ __REB__ ___LF ___ DENY APPLICATION
| CASE ID | AR2003083860 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030225 |
| 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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