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ARMY | BCMR | CY2004 | 04105575C070208
Original file (04105575C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         02 DECEMBER 2004
      DOCKET NUMBER:  AR2004105575


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Laverne Berry                 |     |Member               |

      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 previous request for
award of the Purple Heart.

2.  The applicant states he requested and received his service medical
records from the Department of Veterans Affairs and discovered two
documents which he believes supports his request for award of the Purple
Heart.

3.  The applicant provides a copy of a Field Medical Card indicating that
he had been wounded in action and an extract from his service medical
record indicating follow-up treatment for his wound.

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
AR2000050453 on
1 May 2001.

2.  During the Board’s original consideration of the applicant’s case, it
noted that if the applicant could provide “substantiating evidence that
shows he was injured and was treated for an injury that resulted from
hostile action” he could reapply to the Board.

3.  The medical documents provided by the applicant constitute new
evidence, which was not previously reviewed by the Board, and as such
warrant consideration.

4.  The Field Medical Card is dated 18 February 1968 and notes that at 0230
hours on 18 February the applicant was running “for bunker during rocket
attack.” The card reported the applicant’s injury as resulting from enemy
action and that he was “WIA [wounded in action] performing duty.”  The
second document, an extract from the applicant’s service medical record,
notes that the applicant had follow-up treatment for his chin laceration on
20, 23, and 24 February 1968.

DISCUSSION AND CONCLUSIONS:

1.  The evidence now available to the Board indicates that the applicant’s
chin laceration, sustained on 18 February 1968, was attributed to enemy
action.

2.  The Field Medical Card and subsequent medical treatment forms, confirm
that the applicant’s wound was treated by medical personnel and made a
matter of official records.  As such, the applicant’s meets the
requirements for award of the Purple Heart, and his records should be
corrected accordingly.

BOARD VOTE:

__RW___  __TO ___  ___LB __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR2000050453, dated
1 May 2001.  As a result, the Board recommends that all Department of the
Army records of the individual concerned be corrected by awarding him the
Purple Heart for the injury he sustained on 18 February 1968 while in
Vietnam.




                                  ____Raymond Wagner_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105575                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041202                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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