RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 02 NOVEMBER 2004
DOCKET NUMBER: AR2004103583
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 |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Ms. Margaret Patterson | |Chairperson |
| |Mr. Joe Schroeder | |Member |
| |Mr. Robert Duecaster | |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 previous request to be
awarded the Purple Heart.
2. The applicant states, via his congressional representative, that he has
submitted new evidence which had not previously been reviewed by the Board.
He states that he sustained an injury while in Vietnam on 20 December
1971.
3. The applicant provides a copy of a 25 December 1971 medical treatment
record.
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
AR199029901, on 16 March 2000.
2. The medical treatment document provided by the applicant is considered
new evidence not previously seen by the Board and as such warrants
consideration.
3. That document notes that on 25 December 1971 the applicant reported to
medical personnel that he had been exposed to some “type of minor explosion
– 30 min ago” but that he remained conscious. The treatment document noted
superficial abrasions to his right chest, shoulder, and finger. No “FB”
(foreign bodies) was noted around the wounds although there were “cuts” in
his t-shirt over the areas where the abrasions were. There is no
indication that the abrasions were attributed to enemy action.
4. The applicant’s name is not among a list of individuals reported as
combat causalities during the Vietnam War.
5. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, for award of the Purple Heart. 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 would be awarded the Purple Heart by the organization to
which the individual was assigned. Personnel requiring hospitalization in
excess of 24 hours or evacuation from Vietnam would be awarded the Purple
Heart directly by the hospital commander rendering treatment.
DISCUSSION AND CONCLUSIONS:
1. While the applicant’s service medical records do confirm that he
received treatment for abrasions from some type of “minor explosion” there
is no evidence which confirms that the explosion was the result of hostile
action, nor is the applicant’s name among a list of individuals reported as
combat casualties during the Vietnam War.
2. Although the applicant related in his original application to the Board
that the explosion was the result of a “booby trap placed on the door of
the head (latrine)” he did not relate that same information at the time he
sought medical treatment, nor explain, how years later, that he determined
that a booby trap was the cause of the explosion, or how he confirmed that
it was the result of enemy action.
3. Unfortunately, in the absence of more compelling evidence that the
applicant was in fact wounded as a result of enemy action, there continues
to be no basis for an award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___MP __ __JS ___ ___RD __ 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 AR1999029901, dated 16 March 2000.
____Margaret Patterson____
CHAIRPERSON
INDEX
|CASE ID |AR2004103583 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20041102 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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