RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         18 July 2006
      DOCKET NUMBER:  AR20050016808


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. Ernestine R. Fields           |     |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 he was wounded in action while he
was on guard duty on 28 March 1971 during a mortar attack on his fire base.
 He claims there was a book written on the battle and he is unsure why it
can not be established that he was there since he is quoted in the book.
He claims that during the battle, he and his partner attempted to leave the
bunker; however, they were hit with concussion grenades.  He states that he
is unsure what records are reviewed by the Board, but he is enclosing what
was sent to him.

3.  The applicant provides the following documents in support of his
reconsideration request:  Self-Authored Statement; Clinical Record (SF
513), dated 30 March 1971; Physical Profile Record (DA Form 2249), dated 5
April 1971; Clinical Record Cover Sheet Work Sheet; Clinical Record Cover
Sheet
(DA Form 8-275); and Request for Aero-Medical Evaluation.

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
AR20050001253, on 6 October 2005.

2.  During its original review of the case, the Board found no evidence of
record showing that the applicant was ever wounded in action, or treated
for a combat related wound or injury by military medical personnel.

3.  The applicant now provides a Clinical Record that shows he was treated
for a traumatic perforation of the tympanic membranes of his ears while
serving in the Republic of Vietnam (RVN) on 30 March 1971 as new evidence.


4.  The applicant also provides a DA Form 3349, dated 5 April 1971, which
shows he was issued a temporary 3 profile for hearing due to this ear
condition, and a DA Form 8-275, dated 26 April 1971, that confirms he
received this condition in the line of duty.  In addition, he submits a
request for aero-medical evacuation due to mixed malaria and perforated
tympanic membrane.  These documents do indicate the applicant's condition
was received as a direct result of, or that it was cause by enemy action.

5.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 18 November 1970 through 3 July 1971, at which time
he was medically evacuated to the United States and became a patient at
Walter Reed Army Medical Center, Washington D.C.  Item 40 (Wounds) is blank
and the PH is not included in the list of authorized awards contained in
Item 41 (Awards and Decorations).  The applicant last audited his DA Form
20 on 15 September 1971.

6.  There are no documents on file in the applicant's Military Personnel
Records Jacket (MPRJ) that show he was ever recommended for, or awarded the
PH by proper authority while he was serving on active duty.

7.  On 21 January 1972, the applicant was honorably separated after
completing 1 year, 7 months, and 3 days of active military service.  The
separation document (DD Form 214) issued to him upon his separation does
not include the PH in the list of authorized awards contained in Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized).  The applicant authenticated this document with his
signature on the date of his separation.

8.  During this review of the case, a member of the Board staff reviewed
the Department of the Army Vietnam Casualty Roster.  The applicant's name
was not included on this list of RVN battle casualties.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8 contains the
regulatory guidance pertaining to award of the PH.  It states, in pertinent
part, that in order to award a PH there must be evidence that the wound for
which the award is being made was received as a result of enemy action, the
wound must have required medical treatment and the medical treatment must
have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconsideration request and the supporting documents he
provided were carefully considered.  However, by regulation in order to
support award of the PH there must be evidence confirming that the wound
for which the award is being made was received as a result of enemy action.
 The medical treatment records provided by the applicant, while confirming
he was treated for both malaria and perforated tympanic membranes, do not
verify that he received these injuries as a result of enemy action.

2.  The applicant's record is void of any orders, or other documents that
indicate he was ever recommended for, or awarded the PH by proper
authority.  Item 40 of his DA Form 20 is blank, which indicates he was
never wounded in action while serving on active duty, and the PH is not
included in the list of awards in Item 41.  The applicant audited the DA
Form 20 on 15 September 1971, more than 2 months after he left the RVN.  In
effect, this audit was his verification that the information contained on
the record, to include the Item 40 and
Item 41 entries, was correct at that time.

3.  The PH is also not included in the list of awards contained on the
applicant's DD Form 214, which he authenticated with his signature on the
date of his separation.  In effect, his signature was his verification that
the information contained on the separation document to include the list of
awards, was correct at the time the DD Form 214 was prepared and issued.
Finally, his name is not included on the Vietnam Casualty Roster, the
official DA list of RVN battle casualties.

4.  The veracity of the applicant's claim of entitlement to the PH is not
in question, and he was clearly treated for the conditions in question by
military medical personnel.  However, absent any evidence of record to
confirm his injuries were combat related, or that they were received as a
result of enemy action, the regulatory burden of proof necessary to support
award of the PH has still not been satisfied in this case.  Given the
applicant's treatment for these injuries was made a matter of official
record, it must be presumed that his chain of command determined the
injuries did not support award of the PH.  As a result, it would not serve
the interest of all those who served in the RVN and who faced similar
circumstances to grant the requested relief at this late date.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LE  __  __PHM__  ___ERF__  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 AR20050001253, dated 6 October 2005.




                                  _____Lester Echols_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |AR20050001253 / 2005/10/06              |
|DATE BOARDED            |2006/07/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1972/01/21                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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