RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 August 2004
DOCKET NUMBER: AR2004099925
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. Richard P. Nelson | |Analyst |
The following members, a quorum, were present:
| |Ms. Margaret K. Patterson | |Chairperson |
| |Mr. Melvin H. Meyer | |Member |
| |Mr. Patrick H. McGann | |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 previously denied appeal
for award of the Purple Heart.
2. The applicant states that he feels pertinent information was left out
of his original appeal. Item #8 of his DD Form 149, dated 3 April 2003
should have read “Request issue of the Purple Heart due to shrapnel wounds
sustained to my face and chin area on or about 3/17/1953 while injured in
combat on Hill 355-Little Gibraltar. The wounds were partially treated
after we had regained the Hill 355 that we had lost during the night. I
had to be transported to our Mash Unit for removal of shrapnel that was
imbedded in my chin bone. I did not spend the night, the shrapnel was
removed, I received a tetanus shot and returned to COM, 2nd BN, 9th Inf
Regt, 2nd Inf Div, the same day. My combat unit COM, 2nd BN, 9th Inf Regt,
2nd Inf Div was stationed in the vicinity of Powwang-dong and Chung-NI, to
include Hill 355 (Little Gibraltar) during the period 2/21/53 through
5/23/53 – an area of some of the heaviest fighting in this part of Korea.”
3. The applicant provides additional documents in the form of a notarized
statement from his spouse of nearly 50 years and, extracted pages from what
appears to be an unofficial unit history of the 2d Infantry Division in
Korea from 1 January to 31 December 1953. In the statement from the
applicant’s spouse, she states that her husband had talked about him being
wounded. She added that she has cleaned and dressed areas of her husband’s
chin when pieces of shrapnel came out.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records that were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003088970, on 28 October 2003.
2. New evidence, not previously considered by the Board, requires
reconsideration of the applicant’s request.
DISCUSSION AND CONCLUSIONS:
1. While the unit history provided by the applicant shows the unit, to
which he was assigned, undoubtedly saw heavy action, neither that nor the
statement made by his spouse is sufficient to meet the regulatory
requirements for award of the Purple Heart.
2. While the applicant’s wife has confirmed that the applicant did, in
fact, have shrapnel in his chin, she did not witness him being wounded.
Without an eyewitness account of the applicant being wounded, there is
insufficient evidence in which to award him the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___mhm_ ___mkp __ ___phm_ 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 AR2003088970, dated 28 October 2003.
__________Margaret K. Patterson______
CHAIRPERSON
INDEX
|CASE ID |AR2004099925 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040824 |
|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. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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