IN THE CASE OF:	  

		BOARD DATE:	    16 June 2011

		DOCKET NUMBER:  AR20100029044 


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 request for award of the Purple Heart. 

2.  The applicant states, in addition to the shrapnel wound he received to his left wrist, he also has a piece of metal in his left thigh.

3.  The applicant provides no additional documentation.

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 AR20090021779, on 22 June 2010.

2.  The original Record of Proceedings concluded the applicant was not entitled to award of the Purple Heart because at the time of enlistment, the applicant listed the scar on his left wrist as being the result of surgery. 

3.  The applicant now states that he has metal in his left thigh, which was not previously considered by the ABCMR.  Therefore, this is considered new argument and as such warrants consideration by the Board.

4.  The applicant's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

5.  In item 29 (Wounds Received as a Result of Action with the Enemy) of his DD Form 214 is the entry "none."

6.  A review of the available records fails to show any evidence regarding the applicant being wounded in Korea and his name is not contained on the Korean War Casualty Listing.

7.  Army Regulation 600-8-22 (Military Awards) provides 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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the award of the Purple Heart.

2.  He contends he has a piece of metal in his left thigh but does not provide medical evidence to show the circumstances of how he received this injury. Therefore, without documentation to show he was treated for wounds/injuries that were the result of enemy action, there is insufficient evidence to award the Purple Heart.

3.  In view of the above, his 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 AR20090021779, dated 22 June 2010.




      _______ _   _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)                                         AR20100029044





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ABCMR Record of Proceedings (cont)                                         AR20100029044



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