RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040010740


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 for award of the Purple Heart.

2.  The applicant states, in effect, that he was a dog handler in Vietnam
and that he injured his left knee in a combat zone when he attempted to
jump a stream, but fell in the stream because the dog failed to jump the
stream with him.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), dated 8 July 1971;
VA Form 21-4138 (Statement in Support of Claim), dated 23 November 2004; a
copy of VA Regional Office, New Orleans, LA letter, dated 12 August 2004;
VA Form 21-6796 (Rating Decision), dated 13 September 1971; and VA Form 21-
2545 (Report of Medical Examination for Disability Evaluation), dated
17 August 1971, in support of his application for reconsideration.

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
AR20040003065, on 22 March 2005.  During its review, the Board found the
evidence presented did not demonstrate the existence of probable error or
injustice, or that the applicant was entitled to the Purple Heart.  As a
result, the Board denied his request for the Purple Heart.

2.  The applicant's record shows that he was inducted into the Army on
13 August 1969, trained as an infantryman, and in June 1970 was assigned to
Fort Benning, Georgia for training as a scout dog handler.  In November
1970, the applicant was assigned to the 47th Infantry Platoon, Scout Dogs,
of the
101st Airborne Division, in Vietnam.  He completed his tour of duty in
Vietnam, returned to the United States, and was released from active duty
on 8 July 1971, in the rank of sergeant/pay grade E-5 at Fort Lewis,
Washington.  Prior to his release from active duty the applicant underwent
a physical examination.  The report of his medical examination does not
show that he was injured or that he was wounded in action.  He was
medically qualified for separation with a physical profile serial of 1 1 1
1 1 1.




3.  There is no evidence the applicant was awarded the Purple Heart.  There
is no medical evidence of record which shows that the applicant was wounded
or treated for wounds as a result of hostile action.  His DA Form 20
(Enlisted Qualification Record) does not show an entry in Item 40 (Wounds)
or list the Purple Heart in Item 41 (Awards and Decorations).  The
applicant's name is not listed on the Vietnam Casualty Roster.  Therefore,
there is insufficient evidence upon which to base award of the Purple Heart
in this case.

4.  The Veterans Administration (VA) awarded the applicant a 10 percent
service- connected disability rating for pain related to a knee injury and
a 10 percent service-connected disability rating for pain related to a back
condition.  On
5 June 1975, the VA increased the disability rating for the applicant's
back condition to 20 percent.

5.  The applicant provides new evidence in the form of a self-authored
statement and copies of documents from the VA related to his medical
examination for disability evaluation.  Information contained in these
documents reaffirms that the knee injury sustained by the applicant
occurred as a result of an accident while in Vietnam, when he attempted to
jump a stream and fell.  There is no indication that the injury was
incurred as a result of hostile action.

6.  Army Regulation 600-8-22 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, and the
medical treatment must have been made a matter of official record.
Examples of enemy-related injuries include injury caused by enemy bullet,
shrapnel, or other projectile created by enemy action, injury caused by
enemy placed mine or trap, and concussion injuries caused as a result of
enemy generated explosions.  Examples of injuries or wounds which clearly
do not qualify for award of the Purple Heart include frostbite or trench
foot injuries, heat stroke, and accidents, to include explosive, aircraft,
vehicular, and other accidental wounding not related to or caused by enemy
action.  There is no statute of limitations governing requests for award of
the Purple Heart.

DISCUSSION AND CONCLUSIONS:

There is no evidence and the applicant has not submitted evidence to show
that he was wounded as a result of hostile action.  The additional evidence
the applicant provides substantiates that the injury was accidental and not
caused by enemy action.  Therefore, he is not entitled to award of the
Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MKP_  __REB__  ___LMB__  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 AR20040003065, dated 22 March 2005.




                                  ____Margaret K. Patterson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010740                           |
|SUFFIX                  |                                        |
|RECON                   |20050825                                |
|DATE BOARDED            |20050222                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19710708                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5                   |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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