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ARMY | BCMR | CY2013 | 20130019524
Original file (20130019524.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	 24 June 2014

		DOCKET NUMBER:  AR20130019524 


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 previous request for award of the Purple Heart.

2.  The applicant states:

	a.  He was ordered by his commanding officer to go down highway 19 to clear the field of fire.

	b.  He backed up the dozer that he operated and he leaned over the seat to see how close he was to the perimeter wires.

	c.  The "dozer tracks" set off a booby trap and he was hit by shrapnel in the lower left side of his nostril.

	d.  He was taken to field hospital 17 and they ran a scope in his wound up by his optic nerve.

	e.  They could not locate the shrapnel and he was told that further attempts to remove the shrapnel may result in blindness.

	f.  He was patched up and sent back to see if he could locate the remaining shrapnel because the whole grenade did not explode.

	g.  There were investigators with him from the 4th Infantry when the grenade was found.

	h.  It was determined to be an American grenade used as a booby trap.

	i.  He was told he was getting a Purple Heart when he returned to the United States (U.S.).

3.  The applicant provides:

* Army Board for Correction of Military Records letter (ABCMR), dated 21 February 2013
* Notarized letter from his former spouse, dated 18 October 2013
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 20 February 1970
* General Orders Number 3089, dated 16 June 1969
* Department of Veterans Affairs Rating Decision, dated 11 February 2013
* Army Review Boards Agency letter, dated 8 November 2013
* Honorable Discharge Certificate, dated 1 September 1973

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 ABCMR in Docket Number AR20120013223, on 7 February 2013.

2.  The applicant now provides General Orders Number 3089, a letter from his former spouse, and his VA Rating Decision as new evidence which warrant consideration by this Board.

3.  General Orders Number 3089, dated 16 June 1969 awarded him the Army Commendation Medal for heroism on 9 March 1969.  In the letter dated 18 October 2013, his former spouse stated she received a telegram at the "end of January" stating that he had been wounded by shrapnel on his left nostril.  The VA Rating Decision dated 11 February 2013 granted him service connection for residuals of a grenade injury to his left nostril with an evaluation of 0 percent effective 17 April 1985.  The VA Rating Decision states that his previous requests were denied because there was no evidence of his condition in his limited service 
treatment records and there was no evidence he had "combat status."  To support his claim he later submitted a copy of General Orders Number 3089, which show he had combat status.

4.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  There is no evidence in the available record, nor has the applicant submitted sufficient evidence, to substantiate his contention that he was wounded in action while he was in the Army.

3.  According to the applicable regulation, substantiating evidence must be provided to verify 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.  He has failed to meet the criteria to be awarded the Purple Heart.

4.  Regrettably, in view of the foregoing the applicant's request should be denied.

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 AR20120013223, dated 7 February 2013.




      _______ _   __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)                                         AR20130019524



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130019524



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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