RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 AUGUST 2006
      DOCKET NUMBER:  AR20050015828


      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:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Ronald Gant                   |     |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 request for award of the
Purple Heart.

2.  The applicant states he recently received a copy of his separation
physical examination which he states was discovered in the military
personnel file of his brother who served in Army between 1962 and 1964.  He
states that document clearly confirms he was wounded on 2 February 1968 and
that he was treated by a physician at the 9th Medical Battalion Hospital.

3.  The applicant provides a copy of the physical examination.

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
AR20040002541, on 3 March 2005.

2.  The applicant’s request for reconsideration was received within one
year from his original consideration and the physical examination he
provided was not previously considered.  As such, the applicant’s request
warrants reconsideration by the Board.

3.  The physical examination, provided by the applicant, is a copy.  The
document appears to have certain items that were written over or retraced.
It does, however, contain a statement regarding a shrapnel wound to the
applicant’s left arm and that “record indicates” the wound occurred on 2
Feb 1968 and was treated by a physician at a medical battalion hospital.
It is noted that the entry contains spelling errors, including the word
“hospital” which was spelled “hospitol.”

4.  The applicant’s record contains a 1976 Department of Veterans Affairs
rating document which noted that his “separation examination is negative
regarding a nervous condition.”





5.  During the period in question 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.  Although the Board may not want to dispute the validity of the
separation examination provided by the applicant, the source of the
information contained on the report cannot be confirmed from any other
sources.  Additionally, it would seem unlikely that if the entry concerning
the applicant’s wound was made by the examining physician the word hospital
would have not been misspelled.

2.  If, as the entry states, the applicant’s record indicated he had been
wounded it would have been reasonable to expect that an entry would have
then been recorded on the list of individuals reported as combat casualties
during the Vietnam War.  His name is not on that list.  Additionally, it
would have also been reasonable to expect that the applicant’s unit would
have issued orders awarding him the Purple Heart, particularly in view of
the fact that his other decorations, including his Combat Infantryman Badge
and Army Commendation Medal were confirmed with orders.

3.  It is noted that the applicant’s 1976 Department of Veterans Affairs
rating document refers to his separation physical examination as part of
their findings and yet the applicant argues that he just recently obtained
a copy of the examination which was misfiled in his brother’s record.

4.  Unfortunately, in the absence of more compelling documentation
corroborating the entry on the copy of the separation examination, it would
be inappropriate for the Board to confirm the applicant’s entitlement to an
award of the Purple Heart based solely on that entry or the fact that the
applicant was granted a service connected disability rating by the
Department of Veterans Affairs.

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

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___PS___  __LD ___  __ RG___  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 AR20040002541, dated 3 March 2005.




                                  _______Paul Smith________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015828                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060829                                |
|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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