RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 December 2005
DOCKET NUMBER: AR20050008943
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:
| |Mr. James C. Hise | |Chairperson |
| |Mr. Ronald E. Blakely | |Member |
| |Ms. Jeanette R. McCants | |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, through a Member of Congress, reconsideration
of his previously denied appeal for award of the Purple Heart.
2. The applicant states that he has been denied award of the Purple Heart
“because the Army says there isn’t enough proof.” He further states “Not
only was wounded but was also a prisoner of war for 15 months in Germany.”
3. The applicant provides the following additional documents in support of
his request:
a. a WD AGO Form 38 (Report of Physical Examination of Enlisted
Personnel Prior to Discharge, Release from Active Duty or Retirement) dated
26 November 1945;
b. a WD AGO Form 63 (Report of Physical Examination) dated
27 November 1945;
c. a Veterans Administration Rating Decision dated 2 July 1984;
d. a Letter of Support, written on behalf of the applicant, from a
former Department of Defense Investigator; and
e. an undated Summary of Military Service, apparently written by the
applicant.
CONSIDERATION OF EVIDENCE:
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
AR2003098173, on 18 March 2004.
DISCUSSION AND CONCLUSIONS:
1. The new evidence presented by the applicant is noted. However, the
evidence fails to present new argument that would corroborate the
information contained in his self-authored statements or the third party
statements provided by his daughter or the former Department of Defense
Investigator. Additionally, the new evidence fails to show that the
applicant was wounded in action, that the wound required medical treatment
by a medical officer, and that the medical treatment was made a matter of
official record.
2. In the absence of more conclusive evidence, the applicant is not
entitled to award of the Purple Heart or correction of his records to show
this decoration.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___hcs__ ____reb__ ____jrm__ 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 AR2003098173, dated 18 March 2004.
_____James C. Hise________
CHAIRPERSON
INDEX
|CASE ID |AR20050008943 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051220 |
|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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