RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 February 2007
DOCKET NUMBER: AR20060010754
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. Anita McKim-Spilker
Analyst
The following members, a quorum, were present:
Mr. Mark D. Manning
Chairperson
Mr. John T. Meixell
Member
Mr. Qawiy A. Sabree
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 did not provide a written request for reconsideration. He submitted treatment records from his service medical records concerning treatment he received for a foot condition in November 1968.
3. The applicant provides excerpts from his service 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 AR20050004115, on 18 January 2006.
2. The applicant provided a copy of a clinical record dated 20 November 1968 showing that he was seen at the medical clinic for an abscess on his left heel. It appears the abscess was previous incised and drained, and the applicant was recovering nicely until he developed an infected sebaceous cyst. The applicant was discharged to light duty with instructions to return to the medical clinic in one week.
3. On 28 December 1968, the applicant was seen at the 312th Evacuation Hospital for a follow-up visit. The consultation sheet indicates the applicant was previously hospitalized for cellulites of the left foot and that his condition was improving.
4. On 8 January 1969, the applicant was seen at the 312th Evacuation Hospital for his foot condition. The examiner indicated that the applicant's foot was doing better, that he had a high instep and the top part of the foot was irritated. He was returned to duty.
5. The evidence submitted by the applicant is new and was not considered in the Board's previous decision.
6. Army Regulation 600-8-22 (Military Awards) 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's new evidence does not show he was wounded in action against the enemy. The evidence shows that he was treated for a foot condition, an infected sebaceous cyst and cellulites of the left foot. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
2. Although the applicant's new evidence was not considered in the previous decision, this recent evidence, in and of itself, is insufficient to change the previous decision.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__mdm___ __jtm___ __qas___ 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 AR20050004115, dated 18 January 2006.
Mark D. Manning
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060010754
SUFFIX
RECON
DATE BOARDED
20070222
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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