RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        07 DECEMBER 2004
      DOCKET NUMBER:  AR2004103532


      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 award of the Purple Heart.

2.  The applicant states that his medical records are incorrect.  The
Clinical Record Cover Sheet (DA Form 8-275-3) indicates that he was burning
trash.  It should read that he was in a burning track.

3.  The applicant provides no documents with this, his current request.
Documents have been submitted by a Member of Congress (MC) on his behalf,
the latest appeal from the MC dated 20 August 2004 forwarding the
applicant's request to this Board.

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
AR2002073711, on 26 September 2002.

2.  In response to his inquiry concerning the applicant, the Director of
the ABCMR informed a MC on 24 February 2003 that the applicant's unsigned
and undated application and the documents that he submitted did not contain
substantial, new, relevant evidence which would serve as a basis to reopen
his case; consequently, the Board's position regarding his case had not
changed.  The documents submitted include:

      a.  An handwritten Clinical Record Cover Sheet (DA Form 8-275) which
showed that the applicant sustained first and second degree burns on 22
September 1967.  That document indicates that his injuries were accidental
– AI (Accidental Injury).  He was burning trash when an explosion occurred.
 The word, "trash" appears to be spelled as "trach."  The admitting officer
shown on that cover sheet was Captain "C."

      b.  The above-mentioned typed Clinical Record Cover Sheet apparently
transcribed from the handwritten cover sheet providing the same information
as that on the handwritten cover sheet.  There is a pen and ink change to
what appears to be the word, "trash," the resultant word being somewhat
undecipherable, and open to interpretation.  The document shows that the
applicant was in the hospital for 8 days and returned to duty on 30
September 1967.  The attending physician was Captain "C," with his name,
rank, branch, and "/s/" typed in item 30, Signature of Attending Physician,
of that document.  The document was also signed by Captain "D," the
registrar of the 67th Evacuation Hospital.

      c.  An unsigned and undated letter to the applicant from the same
afore-mentioned Captain "C."  That individual stated that he had reviewed
the applicant's medical record, and as he understood it, the applicant was
in a track when it was hit by a grenade launcher from enemy fire.  He
stated that it was evident to him that a clerical error was made in that
the admitting clerk clearly wrote burning track.  He stated that the "k"
was quite evident, and on top of that was written an "h," written by a
different pen as the alteration was a letter made with a broader point.  A
typed diagnosis was also altered.  An "h" was added and the "c" was changed
to an "s," rendering from the original "track" the word, "trash."  He
stated that he could see how the clerical error might have occurred in the
hustle and bustle of moving a variety of patients through the admitting
process.  He stated that the final diagnosis was definitely altered, most
likely due to an unclear handwritten diagnosis later changed without going
to you or the doctor to clarify the word, "track."

3.  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.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the applicant's contention and the support that he has
received in his quest to change his medical records to show that he was
wounded in action, and to obtain award of the Purple Heart, it is not
evident from his clinical records that he was "on a burning track."
Understood is the fact that the pertinent handwritten and typed word on his
clinical records could be interpreted as "track."  It could also be
interpreted as "trash," which appears to have been the intended word.
Obviously, however, the applicant was not burning "track."  Furthermore,
the initials, 'AI," are not open to interpretation, but mean only one
thing, "Accidental Injury."  Both the attending physician, Captain "C" and
the hospital registrar authenticated the clinical record.

2.  The clinical records show that his injuries were accidental.  The
applicant has not provided evidence to show otherwise.  There is
insufficient evidence to show that he was wounded as a result of hostile
action.  Consequently, his request for award of the Purple Heart is not
warranted.

BOARD VOTE:

__MM___  ___JD___  __JG ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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 AR2002073711, dated 26 September 2002,
or to award the Purple Heart.




                                  _____  Mark Manning______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103532                            |
|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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