RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 9 NOVEMBER 2006
DOCKET NUMBER: AR20060009088
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:
| |Ms. Margaret Patterson | |Chairperson |
| |Mr. Robert Rogers | |Member |
| |Ms. Ernestine Fields | |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 request for award of the
Purple Heart.
2. The applicant states that he received a supporting statement from a
witness to his injury. In view of this statement and all previous
evidence, the applicant feels that this is sufficient justification to
award him the Purple Heart.
3. The applicant provides a new supporting statement.
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
AR20050001610, on 30 August 2005.
2. In a statement dated 7 February 2005, an individual stated that he saw
the applicant injured when the train they were on was bombed while they
were Prisoners of War (POW) in Germany in 1945.
DISCUSSION AND CONCLUSIONS:
1. While the Board has no reason to doubt the veracity of the statement
provided by his former comrade, such individual statements are acceptable
only where corroborating evidence is available from official sources.
Given the regulatory burden of proof required to establish entitlement to
the Purple Heart and lacking any independent evidence or evidence of record
that confirms the applicant was wounded or injured in action, the Board is
compelled to conclude that relief is not warranted in his case.
2. The overall merits of the case, including the supporting statement and
the applicant’s argument are insufficient as a basis for the Board to
reverse its previous decision.
3. In view of the foregoing, there is no basis for granting the
applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__MP ___ __RR ___ ___EF __ 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 AR20050001610, dated 30 August 2005.
____Margaret Patterson______
CHAIRPERSON
INDEX
|CASE ID |AR20060009088 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061109 |
|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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