RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060012689 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney E. Barber

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 earlier request for award of the Purple Heart.

2.  The applicant repeats his exact statement from the original application, relating how his unit was attacked and he was medically evacuated to Japan.

3.  The applicant provides four copies of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), one for each period of his active duty service, a copy of his Department of Veterans Affairs (VA) disability ratings, and a copy of his Temporary Disability Retirement List (TDRL) Orders, dated 
12 March 1971.

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 AR20060000464, on 31 August 2006.

2.  Review of the DD Forms 214 submitted by the applicant show that he served on active duty from 10 November 1950 through 19 March 1971, when he was placed on the TDRL.  None of the DD Forms 214 document that he was awarded the Purple Heart.

3.  The VA disability rating shows that the applicant was rated at 40 percent disabled; however, it does not show that any part of this disability was the result of receiving wounds in action.   

4.  The applicant's TDRL Orders show that he was placed on the Retired List effective 20 March 1971 with a 30 percent disability.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence presented by the applicant does not show that he was wounded in action while serving in the Republic of Korea.

2.  Therefore, the applicant's request should not be granted.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ENA __  __AU ___  __REB __  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 AR20060000464, dated 31 August 2006.



__     Eric N. Andersen___
          CHAIRPERSON




INDEX

CASE ID
AR20060012689
SUFFIX

RECON
 
DATE BOARDED
 20070517
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
Deny
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.