RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 September 2006
DOCKET NUMBER: AR20060002178
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. Karl L. Briales | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Ms. Maribeth Love | |Member |
| |Mr. Thomas M. Ray | |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 an earlier request for award
of the Purple Heart.
2. The applicant states, in effect, that he was "wounded," but his records
say he was "injured." He continues that he was on duty when he was hit on
the head by an unknown Korean who came out of the woods. He adds he was
informed that his records, or a portion of them, were burned in a fire in
St. Louis.
3. The applicant provides copies of selected personnel and 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
AR2001061419 on 20 December 2001.
2. The applicant provided a copy of a medical admission form authenticated
by a captain in the Medical Corps on 5 January 1951. This form shows the
applicant's name, service number, and date of admission (1 January 1951).
This form further shows that the cause for admission was due to a
concussion as a result of a laceration in the scalp when he was hit by a
Korean civilian under unknown circumstances.
3. The applicant provided a copy of Standard Form 509 (Doctor's Progress
Notes) from the Tokyo Army Hospital. This form shows that the applicant
was injured on 1 January 1951 when he was struck over the head with a club
by a Korean.
4. The applicant provided a "Line of Duty-Self Inflicted Wounds" letter
from General Headquarters, Far East Command. This letter shows that the
injury occurred in the line of duty.
5. The applicant provided another letter which shows that the injury
occurred in the line of duty, and that the investigation revealed that the
injury was due to a hit in the head by an unknown civilian on 1 January
1951.
6. Army Regulation 600-8-22 provides, in pertinent part, that the Purple
Heart is awarded for a wound sustained while in action against an enemy or
as a result of hostile action. Substantiating evidence must be provided to
verify that the wound was the result of hostile action, the wound must have
required treatment, and the medical treatment must have been made a matter
of official record. This regulation further states that there is no time
limit on submission of requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled the award of the Purple
Heart for injuries received while on duty.
2. The applicant's new evidence does not show he was wounded in action
against the enemy; it simply confirms that he was injured in a noncombat-
related incident. Army regulations require substantiating evidence to
verify that a wound was the result of hostile action, the wound must have
required treatment, and the medical treatment must have been made a matter
of official record. The applicant's new evidence does not meet this
requirement.
3. Although the Board did not consider the applicant's new evidence in its
previous decision, this recent evidence, in and of itself, is insufficient
to change the Board's previous decision.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jea___ __ml____ __tmr___ 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 AR2001061419, dated 20 December 2001.
James E. Anderholm
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20060002178 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060919 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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