RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 9 January 2007
DOCKET NUMBER: AR20060005848
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
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Jerome L. Pionk
Member
Mr. Scott W. Faught
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 the Purple Heart.
2. The applicant states he sustained injuries to his left ear and that he received the Purple Heart but he did not receive the certificate showing that he was awarded the Purple Heart.
3. The applicant provides a copy of a Board of Veterans Appeals decision document which shows that he sustained a rupture of the left tympanic as a result of a shell blast.
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 AR20050004346, on 24 January 2006.
2. The applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant provided a copy of a Board of Veterans Appeals decision document which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
4. The Board of Veterans Appeals considered the applicant's request for award of service connected disability. The Board of Veterans Appeals decision document shows that the entry "In September 1944, the concussion of a shell blast produced a rupture of the left tympanic membrane."
5. There is no evidence in the available records which show that the applicant sustained injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the Board of Veterans Appeals decision document verifies his entitlement to award of the Purple Heart.
2. Although the Board of Veterans Appeals decision document shows that the applicant sustained an injury to his left ear, there is no indication in that document which shows that the injuries were incurred as a result of hostile action. Additionally, this document does not show that the applicant sought medical treatment for such injuries. Therefore, this document is not a sufficient basis to grant award of the Purple Heart.
3. As stated in the previous case, there is no evidence in the available records which show that the applicant was awarded the Purple Heart.
4. Absent evidence which shows that the applicant sustained injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action, there is insufficient evidence to grant the applicant's request for award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_JEA____ _JLP___ __SWF___ 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 AR20050004346, dated 24 January 2006.
_James E. Anderholm_
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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