RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 AUGUST 2006
DOCKET NUMBER: AR20050017088
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. Paul Smith | |Chairperson |
| |Ms. LaVerne Douglas | |Member |
| |Ms. Ronald Gant | |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 request for
award of three Purple Hearts.
2. The applicant states that information contained in an 18 April 1970
situation report from the 2nd Battalion, 40th Artillery, will nullify
information contained in the Board’s original consideration of his case.
He argues that paragraph 8 on page 3 of his original proceedings, which
indicated that there was no evidence that the scars on his lower right leg
were the result of hostile action, would be dispelled by the information
contained in the situation report. He also notes that he is aware that
many military records have been lost so if it can happen to others it is
possible that’s what happened to him.
3. The applicant provides a copy of the 18 April 1970 situation report.
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
AR20040000994, on 13 January 2005.
2. The applicant’s request was received within one year of his original
consideration by the Board, has not been previously reconsidered, and
contained evidence not considered by the Board before. As such,
reconsideration is warranted.
3. The applicant highlighted two portions of the 18 April 1970 situation
report; one which noted his unit, C Battery, 2nd Battalion, 40th Artillery,
provided artillery support for an infantry battalion and the second
indicated the unit had one individual killed in action, and 20 wounded in
action. There were no names associated with any of the combat casualties
noted on the report.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, while the situation report provided by the applicant
does confirm his unit was involved in military operations during the period
in question it does not confirm that he was among the individuals wounded
in action. The report merely notes that 20 people were wounded; none,
however, are named.
2. In the absence of medical evidence confirming the applicant was wounded
in action and treated by a medical officer there continues to be no basis
for award of any Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__SP ___ __LD____ ___RG __ 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 AR20040000994, dated 13 January 2005.
_______Paul Smith_________
CHAIRPERSON
INDEX
|CASE ID |AR20050017088 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060829 |
|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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