BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090009210 


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 military medical records that show he was wounded as a result of enemy action.  The medical records verify that he received an eye injury from a fragment.

3.  The applicant submitted a copy of a Standard Form (SF) 600 (Chronological Record of Medical Care) and a SF 93 (Record of Medical History).  

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 AR20080014779, dated 18 November 2008.

2.  The applicant provided a copy of his SF 600 and SF 93 which are considered new evidence and merit consideration by the Board.

3.  After having had 6 days service as an inductee, the applicant's DD Form 214 shows he enlisted in the Regular Army on 19 March 1969 and he was honorably released from active duty on 13 December 1971.


4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 31 August 1970 to 13 June 1971.  Item 40 (Wounds) of the applicant’s DA Form 20 does not show he was wounded while he was assigned to the RVN.

5.  The applicant’s SF 600, dated 7 June 1971, shows he received “metal penetration in cornea MEDAVAC to 91st.”

6.  The applicant submitted a copy of an SF Form 93, dated 1 December 1971, which shows on 7 June 1971 the applicant was treated at the 91st Evacuation Hospital in the RVN for a small piece of metal that was in his left eye.  The SF 93 also shows he received an “eye injury in the RVN 7 Jun 71 fragment wound” and “head injury – young childhood-fx skull.” 

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Purple Heart.  There are also no orders in the applicant’s service personnel records which show he was awarded the Purple Heart.

8.  The Vietnam casualty roster does not list the applicant as wounded by hostile forces.  

9.  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:

1.  The applicant's contention that he is entitled to correction of his record to show award of the Purple Heart was carefully considered.

2.  The SF 93 and the SF 600 that the applicant provided are not sufficient to award the applicant the Purple Heart.  Although the SF 600 shows he received medical treatment for metal in his left eye, it does not state the injury was the result of hostile action.  There is also no corroborating evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  Additionally, the applicant is not listed on the Vietnam Casualty Roster.  In the absence of such evidence that clearly states he was injured as a result of hostile action, there is an insufficient basis to grant 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 AR20080014779, dated 18 November 2008.



      _______ _   _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)                                         AR20090009210



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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