RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 February 2004
         DOCKET NUMBER: AR2003091120


         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. Carl W. S. Chun		Director
Mr. Paul Wright		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. John T. Meixell		Member
Ms. Mae M. Bullock		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests reconsideration of his earlier request to the Army board for Correction of Military Records (ABCMR) to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he held an Infantry military occupational specialty (MOS) and that he was awarded the Combat Infantryman Badge (CIB).

2. The applicant also requests initial consideration of his request to correct his DD Form 214 to show his Vietnam tours and award of the Purple Heart.

3. The applicant states, in effect, that this missing information is needed to verify service-connected claims for disabilities from active duty.

4. The applicant provides no additional documents.

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 AR1999031109, on 19 April 2000.

2. Army Regulation 15-185 (Army Board for Correction of Military Records) provides guidance for processing requests for reconsideration that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request for reconsideration to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if substantial relevant new evidence has been discovered after the Board’s original decision. If the staff finds such evidence, the case will be submitted for reconsideration by the ABCMR. The applicant's request for the CIB and an Infantry MOS were previously considered and denied by the ABCMR on 19 April 2000.

3. The applicant's entire military file is not available. It appears a copy may have been provided to his private attorney during March 2002 and the original documents appear to have been loaned to the Department of Veterans Affairs (DVA) Regional Office in St. Petersburg, Florida on an undeterminable date. The DVA has not returned the file to the National Archives and Records Administration in St. Louis, Missouri. This appeal is being worked on the basis of a copy of his DD Form 214 and other alternate sources.

4. Concerning award of the PH, the applicant's name does not appear on the Vietnam Casualty Listing as having been wounded in action in Vietnam. There are no orders showing he was awarded the Purple Heart. There are no medical records showing he was treated for wounds as a result of hostile fire. The applicant has not provided any information as to the circumstances that would qualify him for award of the Purple Heart.

5. There is no information in the available records to show what units the applicant was assigned to or the dates of assignment during his tour of duty in Vietnam. Based on the information contained on his DD Form 214, it would appear that he served only one tour of duty overseas and that tour most likely was Vietnam based on the existing awards he received at the time of his separation from active duty.

6. Army Regulation (AR) 600-8-22 provides, in pertinent part, that the PH 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, and the medical treatment must have been made a matter of official record.

7. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the PH. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

8. AR 15-185 (Army Board for Correction of Military Records) provides guidance for processing requests for reconsideration that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request for reconsideration to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if substantial relevant new evidence has been discovered after the Board’s original decision. If the staff finds such evidence, the case will be submitted for reconsideration by the ABCMR.

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DISCUSSION AND CONCLUSIONS:

1. As pertains to the applicant’s request for reconsideration regarding an Infantry MOS and the CIB, 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 AR1999031109, dated 19 April 2000.

2. The available records do not show the applicant was awarded the PH. There are no orders, nor has the applicant provided a copy of orders awarding him the PH. There are no medical records showing his treatment for wounds as a result of hostile fire. Additionally, his name does not appear the Vietnam Casualty Listing. Therefore, he has not shown entitlement to this award.

3. The available records suggest that the applicant only served one overseas tour, most likely in Vietnam. Tours of duty in Vietnam were indicated in Item 30 (Remarks) on the DD Form 214 by showing the inclusive date of that service. Because of a lack of records, sufficient information is not available to the Board to make that determination in this particular case.

4. The applicant should contact his DVA Regional Office to appeal any dispute regarding a service-connected disability. Since it appears that the DVA has both his medical records and his administrative file, they have the resources to resolve his claim. Additionally, the Board does not correct records solely for the purpose of securing DVA benefits.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__aao___ __jtm___ __mmb___ DENY APPLICATION

1. 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 AR1999031109, dated 19 April 2000, relative to the CIB and an Infantry MOS.

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2. As relates to the applicant’s request for the Purple Heart, 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 for correction of the records of the individual concerned.

3. As relates to documentation of his Vietnam service on his DD Form 214, the applicant is advised to obtain the necessary documentation from his records at the DVA Regional Office, St. Petersburg and make a new application to the Board.



                           Arthur A. Omartian
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091120
SUFFIX
RECON
DATE BOARDED	20040226
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0111
3.	100.0000
4.
5.
6.