BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090012033
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, reconsideration of his previous request for award of the Purple Heart.
2. The applicant states, in effect, that he has provided an eyewitness statement that shows he was wounded while assigned to Afghanistan in support of Operation Enduring Freedom.
3. The applicant provides a memorandum from Chief Warrant Officer Three (CW3) W______ F. C______, dated 7 June 2009, as a witness statement in support of this application.
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 AR20090001134, dated 17 March 2009.
2. The applicant provided a copy of an eyewitness statement which is considered new evidence and merits consideration by the Board.
3. The applicant submitted an eyewitness statement from a Soldier who states that he saw blood on the applicant's uniform and that the uniform was torn. He also states that he personally looked at the applicant's shoulder and saw numerous lacerations and told him to get checked out, but due to his own oversight, failed to follow-up with the applicant or his injuries.
4. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
Witness statements, by themselves, are not sufficient evidence upon which to base a correction of the applicant's records. There is no evidence in his service personnel records which show that he was wounded or injured as a result of hostile action or treated for such wounds. In the absence of official documents that show he 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x_____ ___x____ ___x_____ 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 AR20090001134, dated 17 March 2009.
___________x_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090012033
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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