RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 October 2005
DOCKET NUMBER: AR20050003702
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. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Ms. Linda Simmons | |Member |
| |Mr. Kenneth Lapin | |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 an earlier request for award
of the Purple Heart.
2. The applicant states, in effect, his previous request for award of the
Purple Heart was denied based on the fact that there were no military
records stating that he was wounded. He also points out that Army Board
for Correction of Military Records (ABCMR) Docket Number AR2004106706
states he was awarded 10 percent disability from the Department of Veterans
Affairs (DVA) for residuals, shell fragment wounds to the right leg, but he
did not submit any support of that award.
3. The applicant provides an undated eyewitness statement from his company
commander at the time in question and page one of a DVA Rating Decision,
dated 19 October 2004.
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
ABCMR in Docket Number AR2004106706, on 1 February 2005.
2. The applicant provides an undated eyewitness statement from his company
commander at the time in question. He attests that he was Bravo Company
commander of the 1st Battalion, 2nd Infantry of the 1st Infantry Division
and that the applicant served with him from February to October 1969 as his
radio telephone operator. He attests that the applicant's job placed him
in constant harms way, that he was exposed to enemy small arms fire,
artillery fire, land mines and booby traps, and that he was wounded.
3. The applicant also provided page one of a DVA Rating Decision, dated
19 October 2004, which shows he was granted service connected disability
compensation (10 percent) for residuals, shell fragment wounds to right leg
with retained foreign bodies. This page does not indicate what records
were considered by the DVA.
4. The applicant's submissions are new evidence which will be considered
by the Board.
5. The applicant was inducted on 13 June 1968. He was awarded military
occupational specialty (MOS) 11B (light weapons infantryman) and served in
this MOS in Vietnam from 5 December 1968 through 15 January 1970. On
15 January 1970, the applicant was released from active duty.
6. There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.
7. On 15 January 1970, the applicant underwent a separation physical
examination which makes no mention of any injuries or wounds sustained as a
result of hostile action in Vietnam. There are no other service medical
records available.
8. The applicant's name does not appear on the Vietnam Casualty Roster.
9. Army Regulation 600-8-22 (Military Awards) 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.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the available records which shows that the
applicant was wounded or injured as a result of hostile action in Vietnam.
In the absence of orders or other evidence of record showing that the
applicant was injured or treated for wounds as a result of hostile action
in Vietnam, the statement from the applicant's company commander at the
time in question and the DVA Rating Decision are not sufficient as a basis
for an award of the Purple Heart. Regrettably, there is insufficient
evidence on which to base an award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
JS______ _LS_____ _KL____ 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 AR2004106706, dated 1 February 2005.
___John Slone_________
CHAIRPERSON
INDEX
|CASE ID |AR20050003702 |
|SUFFIX | |
|RECON |20050201 |
|DATE BOARDED |20051018 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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