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ARMY | BCMR | CY2010 | 20100010094
Original file (20100010094.txt) Auto-classification: Denied

		

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100010094 


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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal with "V" Device and the Purple Heart.

2.  The applicant states he did not know he could apply for these awards until he saw a program on television.  He is now asking for reconsideration based on his giving the wrong date of the incident in his original application.  He now states the incident occurred on 27 July 1970 and not on 19 September 1970.  He further states that the medic in the field did not always write down everyone's injuries or their treatment because it was too busy or dangerous.

3.  The applicant provides copies of the same documents provided with the original application with the date of the incident changed to read 27 July 1970 in support of his 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 AR20090005420 on 13 August 2009.

2.  In the original Record of Proceedings, dated 13 August 2009, the Board determined the available evidence of record was insufficient to show that he had been recommended for or awarded any medal for valor, or that he had been wounded as a result of enemy action, and/or received medical treatment for any such wounds.  Accordingly, the Board denied his request.  Furthermore, the applicant was advised of his option to apply for award of the Bronze Star Medal under the provisions of Title 10, U.S. Code, section 1130.

3.  A review of the available records failed to show any evidence of the applicant being wounded on 27 July 1970 or on any other day during his service in the Republic of Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his earlier request for correction of his DD Form 214 should be reconsidered based on his giving the wrong date of the incident.  He requests award of the Bronze Star Medal with "V" Device and the Purple Heart.

2.  There is no available evidence of record showing the applicant was wounded as a result of enemy action or that he received medical treatment for any wound on any date.

3.  There is no available evidence showing the applicant was recommended for or awarded the Bronze Star Medal with "V" Device.  However, he still has the option of pursuing his claim for this award under the provisions of Title 10, U.S. Code, section 1130.

4.  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

___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 AR20090005420, dated 13 August 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)                                         AR20100010094



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100010094



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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