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ARMY | BCMR | CY2005 | 20050006664C070206
Original file (20050006664C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 DECEMBER 2005
      DOCKET NUMBER:  AR20050006664


      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. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard Ingold                |     |Chairperson          |
|     |Mr. Donald Steenfott              |     |Member               |
|     |Mr. Edward Montgomery             |     |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 previous application to
correct his records by awarding him the Purple Heart.

2.  The applicant states that he was wounded on or about 10 November 1970
while doing a search and destroy mission.  He entered a stable in pursuit
of the enemy when he was bitten by a scorpion.  He maintains that he was
given the Purple Heart by his superiors as a result of his wounds.

3.  The applicant provides photo copies of himself and his medical records.

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
AR20040003055 dated 24 February 2005.

2.  The new evidence in this case consists of two photo copies of the
applicant with his left arm in a sling and his medical records.  The
medical records verify that the applicant was seen at the aid station on 14
November 1970 for an insect bite to his left index finger.

3.  The remaining documents submitted by the applicant were reviewed by the
  24 February 2005 Board.

DISCUSSION AND CONCLUSIONS:

The applicant’s medical record shows that he was bitten by an insect while
stationed in the Republic of Vietnam.  However, the regulation governing
the requirements for the award of the Purple Heart, as cited in his
previous request, requires that evidence must be provided to verify that
the wound was the result of hostile action.  Therefore, the applicant’s
description of what occurred is not sufficient evidence to fulfill this
requirement for the award of the Purple Heart.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__BI ____  __DS ___  __EM ___  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 AR AR20040003055 dated 24 February
2005.




                                  _____ Bernard Ingold______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006664                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051206                                |
|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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