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ARMY | BCMR | CY2006 | 20060002873C070205
Original file (20060002873C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 NOVEMBER 2006
      DOCKET NUMBER:  AR20060002873


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Peguine Taylor                |     |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, in effect, that his request for award of the
Purple Heart be reconsidered.

2.  The applicant states, via an application submitted by his congressional
representative, that the lack of his military medical records from the time
he served in Vietnam has created an injustice.  He states that obviously
his medical records were lost or misplaced and as such he was not submitted
in a timely manner for an award of the Purple Heart.

3.  His congressional representative merely asked that the applicant's
petition be reviewed and that appropriate actions be taken based on the
evidence provided.

4.  In addition to documents previously seen by the Board, the applicant
also submits a copy of his immunization record which he contends documents
his visit to the aid station in September 1969.

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
AR20040009077, on 2 June 2005.

2.  The copy of the immunization record provided by the applicant
constitutes new evidence not previously seen by the Board and as such
warrants consideration.

3.  The applicant's immunization record contains a handwritten entry noting
he received a plague shot on 9 September 1969.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately there continues to be no compelling medical evidence
which confirms the applicant was wounded as a result of hostile action
while in Vietnam.

2.  It is also unlikely that the applicant would have been receiving a
plague shot on the same day he contends he sustained multiple shrapnel
wound to his right arm as noted in his original application.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___CG __  ___TR __  __PT ___  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 AR20040009077, dated 2 June 2005.




                                  _____Curtis Greenway_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002873                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061114                                |
|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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