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ARMY | BCMR | CY2006 | 20060011450
Original file (20060011450.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060011450


	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.



	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 he be reconsidered for award of the Purple Heart

2.  The applicant states his reconsideration request is based on new evidence.

3.  The applicant provides two "buddy statements" from individuals who claim to have served with him in Vietnam and can attest to his being wounded.

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 AR20050016789 on 13 July 2006.

2.  The applicant's record shows he served in Vietnam from 28 November 1966 through 26 November 1967 with Company B, then Headquarters Company, 2nd Battalion, 2nd Infantry Regiment, 1st Infantry Division.

3.  One witness avers he served in Vietnam from October 1966 to October 1967 in the "same company as [applicant]" and that the applicant was wounded when his Armored Personnel Carrier (APC) hit a mine.  The statement does not indicate the unit involved or the date of the wounding.  The statement does not indicate whether the applicant was treated for his wound. 

4.  The second witness avers he served in Vietnam from November 1966 to May 1967 with 2nd Battalion, 2nd Infantry Regiment.  He states the applicant was in "Recon" when he knew him.  He states the applicant received wounds to his right arm and knee on an unspecified date when his APC hit an anti-personnel mine.  This witness does not indicate whether the applicant received treatment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has submitted two witness statements written by individuals some 40 years after the fact.  The statements offer no details concerning date, time, location, nor do they indicate precisely the nature of the wound(s), or whether treatment was received.


2.  As stated in the previous Board Proceedings, the applicant's record is silent as to any wound received in Vietnam.  Furthermore, his name does not appear on the Vietnam Casualty List, a compilation of all casualties during the Vietnam War.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jea___  __jlp___  __eem___  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 AR20050016789, dated 13 July 2006.



							James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060011450
SUFFIX

RECON

DATE BOARDED
20070206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.


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