RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 07 DECEMBER 2004
DOCKET NUMBER: AR2004102850
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. Mark Manning | |Chairperson |
| |Mr. John Denning | |Member |
| |Mr. James Gunlicks | |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 for award
of the Purple Heart which the Board considered and denied on 28 October
2003.
2. The applicant made no statement but provided documents depicted herein.
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
AR2003086827, on 28 October 2003.
2. One of the documents provided by the applicant is a biographical sketch
indicating that the applicant was treated for malaria and jungle rot, and
that he suffered partial hearing loss and hair loss due to large doses of
Alabrin and Quinine prescribed for the treatment of malaria. This document
was available to the previous Board.
3. In an 8 August 1978 statement, a former comrade stated that he served
with the applicant in the South Pacific, and that the applicant contracted
malaria and was hospitalized for it on Guadalcanal.
4. In a 12 October 1981 statement a doctor in Los Angeles opined that the
applicant's sudden hearing loss might well have been vascular in origin,
and could well be related to the use of Quinine as well as to noise
exposure, and more recently to vascular insufficiency.
5. Army Regulation 600-8-22 provides 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.
a. Examples of enemy-related injuries which clearly justify award of
the Purple Heart include an injury caused by enemy bullet, shrapnel, or
other projectile created by enemy action; injury caused by enemy placed
mine or trap; injury caused by enemy released chemical, biological, or
nuclear agent; and concussion injuries caused as a result of enemy
generated explosions.
b. Examples of injuries or wounds which clearly do not qualify for
award of the Purple Heart include heat stroke, battle fatigue, and diseases
not directly caused by enemy agents.
DISCUSSION AND CONCLUSIONS:
1. The documents provided by the applicant, notwithstanding, there is no
evidence to show that he was wounded in action.
2. There is insufficient evidence to show that the applicant was wounded
in action. Consequently, he is not entitled to award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___MM__ ___JD __ ___JG __ 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 AR2003086827, dated 28 October 2003.
______Mark Manning______
CHAIRPERSON
INDEX
|CASE ID |AR2004102850 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20041207 |
|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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