RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 April 2005
      DOCKET NUMBER:  AR20040006970


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Delia R. Trimble              |     |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, in effect, reconsideration of his request to be
awarded the Purple Heart (PH).

2.  The applicant states, in effect, that the original Board decision
indicated there was no proof of his injury and he is now providing medical
documents that prove his injuries were service connected.

3.  The applicant provides a self-authored letter, separation document (DD
Form 214), and Department of Veterans Affairs (VA) rating decision in
support of his application.

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
AR2003095696 on 10 June 2004.

2.  The applicant’s record shows he was initially inducted into the Army
and entered active duty on 25 September 1969.  He was trained in, awarded
and served in military occupational specialty (MOS) 67V (Helicopter
Repairer).  The highest rank he attained while serving on active duty was
specialist four/E-4, and he served in the Republic of Vietnam (RVN) from 30
March 1970 through
2 March 1971.

3.  During its original review of this case, the Board found no evidence of
record indicating that the applicant’s wounds/injuries were combat related.
 Further, the applicant’s record did not indicate he was wounded in action
and his name was not included on the Department of the Army Vietnam
Casualty Roster.  As a result, the Board concluded that the evidence of
record failed to show his medical evacuation from the RVN and subsequent
medical treatment and disability processing were related to a wound/injury
that he received as a direct result of, or that was caused by enemy action.
 Therefore, it denied his request for the PH.

4.  The applicant now provides a VA Rating Decision, dated 7 February 2003.
 This document indicates that the applicant was granted service connection
for a Post Traumatic Stress Disorder (PTSD) and for Burn Scars, Phosphorus,
Right Flank, Buttock, Legs and Arms.  As a result, he was awarded a 30
percent disability rating for the PTSD and a 0 percent disability rating
for the Burn Scars.  The rating decision and attachments contain no
indication that military medical records were used in this evaluation, or
that the Burn Scars were the direct result of, or caused by enemy action.

5.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards
policy.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in
pertinent part, that in order to support award of the PH, there must be
evidence confirming the wound/injury for which the award is being made was
the direct result of, or caused by enemy action, the wound or injury must
have required treatment by medical officials and this medical treatment
must have been made a matter of official Army records.

DISCUSSION AND CONCLUSIONS:

1.  The new evidence provided by the applicant was carefully considered.
However, while it reaffirms that his PTSD and Burn Scars were service
connected conditions, it provides no confirmation that either condition was
combat related.

2.  By regulation, in order to support award of the PH, there must be
evidence confirming the wound/injury for which the award is being made was
incurred as  a direct result of, or was caused by enemy action, there must
be evidence that the wound/injury was treated by military medical personnel
and this treatment must have been made a matter of official record.

3.  Absent any evidence of record, or new independent evidence provided by
the applicant that confirm the applicant’s wounds/injuries were incurred as
a direct result of, or were cause by enemy action, the regulatory burden of
proof necessary to support award of the PH has still not been satisfied in
this case.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RTD _  ___FE __  ___DRT _  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 AR2003095696, dated 10 June 2004.




            ____Fred Eichorn    ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006970                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/09/08                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]