RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	   6 OCTOBER 2005
	DOCKET NUMBER:  AR20050001012 


	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. Kenneth H. Aucock

Analyst

The following members, a quorum, were present:


Mr. Curtis Greenway

Chairperson

Mr. Richard Dunbar

Member

Ms. LaVerne Berry

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 award of the Purple Heart.

2.  The applicant states that his injury to his left shoulder and his temporomandibular joint (TMJ) syndrome were caused by his grand mal seizure that occurred on 4 November 1967 in Vietnam due to enemy mortar rounds.  He was treated at a medical evacuation unit before being sent to Japan.  His records do not reflect the cause of his injury from mortar rounds nor do they reflect his TMJ syndrome.  He states that he was sent to Japan for one month and then returned to Vietnam with a different specialty.  He now has a pin in his left shoulder and a failed bristle operation.  He was negligently diagnosed with a seizure disorder and mistreated with convulsive medicines for three years.  He is 100 percent disabled because of posttraumatic stress disorder (PTSD).  He was told at the time that he was hospitalized that he would receive the Purple Heart.  The etiology of his convulsion was unknown but he understands that he fell into a ditch during a mortar attack.  He does not remember the incident.     

3.  The applicant provides a copy of a statement to the Military Order of the Purple Heart and its reply thereto, a copy of a 7 December 1967 clinical record, a copy of a statement from a Veterans Service Officer stating that the applicant is rated 100 percent disabled because of PTSD, a copy of a 7 March 1969 clinical record, a copy of an undated clinical record, a copy of a 3 August 1972 statement from a Veterans Administration hospital, a copy of a 7 December 1967 physical profile record, a copy of a 9 November 1991 letter recommending that the applicant have a neurological consultation, a copy of the applicant’s                  DD Form 214 (Report of Transfer or Discharge), and a copy of a 25 April 1993 statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted into the Army on 20 January 1967, trained as an infantryman, and in July 1967 was assigned to Headquarters and Headquarters Company, 2nd Battalion, 8th Infantry of the 4th Infantry Division in Vietnam.  In September 1967 the applicant was assigned to Company C of the above-mentioned organization.    

2.  A 7 December 1967 clinical record which the applicant submits with his request, shows that the applicant was transferred from the 71st Evacuation Hospital (in Vietnam) and admitted to the United States Army Hospital at Camp Zama in Japan on 9 November 1967 for an evaluation of seizure disorder.  The record indicates that the applicant had a single grand mal seizure in the field approximately one week prior to admission, suffering posterior dislocation of his shoulder, followed by headache, nausea, vomiting, and confusion.  He was hospitalized and had two additional convulsions while in the hospital.  His condition was diagnosed as seizure disorder, major motor, unknown etiology, treated and improved; and shoulder dislocation, posterior, treated and improved. He was given a permanent P3 profile with no assignment to areas where loss of consciousness would be dangerous to himself or others.  He was discharged to duty.  

3.  The applicant returned to Vietnam in December 1967 and was assigned to the 4th Medical Battalion as a medical records specialist.  He returned to the United States in July 1968 and was assigned to Fort Carson, Colorado.  The applicant was released from active duty on 17 January 1969.  

4.  A 10 March 1969 clinical record shows that the applicant underwent a neuropsychiatric examination for the purpose of establishing service connection for a neurological disorder.  That record indicates that the applicant stated that he suffered a grand mal seizure while in Vietnam in November 1967, had two more seizures while hospitalized, but none since then.  

5.  An undated clinical record shows that the applicant dislocated his shoulder in Vietnam in 1967 during a seizure and that he fell in a ditch in 1969 and dislocated it again, and that in the past 12 months he had dislocated it two more times.  

6.  In a 3 August 1972 statement a VA hospital official stated that the applicant was treated for a service-connected seizure disorder and had a 10 percent service-connected disability rating for a nervous condition. 

7.  In a 25 April 1993 statement the applicant stated that on 1 November 1967 his unit was under a mortar attack.  He had a grand mal convulsion, dislocated his left shoulder and his jaw.  

8.  On 17 July 1991 this Board granted the applicant’s request for award of the Army Commendation Medal.  It also granted award of the Good Conduct Medal, Republic of Vietnam Gallantry Cross Unit Citation with Palm, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

9.  On 24 March 1993 this Board denied the applicant’s request for physical disability retirement or discharge.

10.  Army Regulation 600-8-22 provides 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.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  A physical lesion is not required; however, the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  Examples of enemy-related injuries which clearly justify award of the Purple Heart include injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by vehicle or aircraft accident resulting from enemy fire; and concussion injuries caused as a result of enemy generated explosions.     

11.  The applicant’s name is not listed on the Vietnam Casualty Roster.  

12.  The Unit Citation and Campaign Participation Credit Register shows that Company C, 2nd Battalion, 8th Infantry, was awarded the Presidential Unit Citation for its actions from 29 October to 30 November 1967.  That register shows that the 4th Medical Battalion was awarded the Meritorious Unit Commendation for its actions from 1 October 1967 to 30 November 1968.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant had a seizure disorder and dislocated his shoulder in Vietnam in November 1967.  There is, however, simply no evidence to show that his injuries were caused as a result of hostile action.  The applicant himself states that he did not remember the incident.      

2.   There is insufficient evidence to show that the applicant was wounded as a result of hostile action.  Consequently, his request for award of the Purple Heart is not warranted.  

3.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___CG __  __RD ___  __LB ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Presidential Unit Citation and the Meritorious Unit Commendation. 




_____Curtis Greenway______
          CHAIRPERSON




INDEX

CASE ID
AR20050001012
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051006
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.