RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 AUGUST 2004
DOCKET NUMBER: AR2004102833
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. Fred Eichorn | |Chairperson |
| |Mr. Curtis Greenway | |Member |
| |Mr. William Powers | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier appeal to correct
his military records by showing that he was awarded the Purple Heart.
2. The applicant states that he received a shrapnel wound to the left
knee.
3. The applicant provides copies of recent radiographic reports of his
left knee, a statement from a former comrade who claims that the applicant
had pulled a piece of shrapnel from his knee, and a copy of the previous
Board decision on his case.
CONSIDERATION OF EVIDENCE:
1. 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
AR2003087712, on 4 September 2003.
2. A radiographic report of 9 October 2003 shows that the joint space and
bony structures of the applicant's left knee were intact except for a
rounded calcification measuring around 2 centimeters in diameter located
just above the upper border of the patella, probably a chondroid
calcification. An addendum to that report indicates a round ossified
density in the subcutaneous tissue superior to the patella and anterior to
the suprapatellar tendon, and that the calcified nodule was probably as a
result of previous [BLANK] secondary to injury, which had to have been
osteophyte.
3. In a 25 September 2003 statement a former comrade stated that he was
the first sergeant of Fox Company, 5th RCT (Regimental Combat Team), and
that his company was overrun on 21 April 1951. He stated that the
applicant and another Soldier were with him and that the applicant had
pulled a piece of shrapnel from his knee. He stated that they managed to
elude capture until 23 April 1951, when they were captured. He stated
that they received no medical attention and that there was no way that the
applicant could have seen an American medical doctor. He stated that
common sense should prevail and that the applicant is entitled to award of
the Purple Heart.
4. The Korean War casualty list shows that the applicant was captured by
the enemy on 22 April 1951. It does not, however, show that he was wounded
in action.
DISCUSSION AND CONCLUSIONS:
1. The radiographic reports that the applicant submits with his request
are noted; however, these recent reports show only the present condition of
his left knee, and in no way can be construed to show that he was wounded
in 1951 as a result of hostile action. There is simply no medical evidence
to indicate that he was wounded in action.
2. The statement from his former comrade is also noted; however, this
statement, like the statement he submitted with his previous request to the
Board, is not enough evidence to show that he was wounded in action.
3. The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__FE ___ ___CG __ __WP___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2003087712, dated 4 September 2003.
____ _Fred Eichorn________
CHAIRPERSON
INDEX
|CASE ID |AR2004102833 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040819 |
|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. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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