RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         3 August 2006
      DOCKET NUMBER:  AR20060001607


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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, he is entitled to the PH for injuries
he received in combat, and the PH should have been included with the list
of awards contained on his separation document (DD Form 214).

3.  The applicant provides five third-party statements in support of his
application.

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
AR20040008283, on 12 April 2005.

2.  During its original review of the applicant's case, the Board found no
evidence of record that showed the applicant was wounded or injured as a
result of enemy action, or that he was ever recommended for or awarded the
PH by proper authority while serving on active duty.

3.  The applicant provides five statements from individuals who served with
him in the Republic of Vietnam (RVN) as new evidence in support of his
claim of entitlement to the PH.  All the statements indicate the applicant
was injured as a result of an explosion that took place while they were on
a combat mission in the RVN in October 1965.

4.  The applicant's Service Record (DA Form 24) and Enlisted Qualification
Record (DA Form 20) show he served in the RVN from 16 August 1965 through
25 November 1965.  Item 40 (Wounds) of the DA Form 20 and Section 8 (Wounds
Received Through Enemy Action) are blank, and the PH is not included in the
list of authorized awards contained in Item 41 (Awards and Decorations) of
the DA Form 20 or Section 9 (Medals, Decorations, and Citations) of the
DA Form 24.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains no
orders, or other documents that indicate the applicant was ever recommended
for, or awarded the PH by proper authority while serving on active duty.
The MPRJ is also void of any medical treatment records indicating the
applicant was ever treated for a combat related wound or injury.
6.  The DD Form 214 the applicant was issued on the date of his separation
from active duty, 10 December 1965, does not include the PH in the list of
authorized awards contained in Item 26 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized), and
the applicant authenticated this document with his signature in Item 34
(Signature of Person Being Transferred or Discharged) on the date of his
separation from active duty.

7.  During the processing of this case, a member of the Board staff
reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The
applicant's name was not included on this casualty list.

8.  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 awarding the PH.  It states, in pertinent
part, that the PH is awarded to any member who has been wounded or killed
in action. A wound is defined as an injury to any part of the body from an
outside force or agent sustained under conditions defined by this
regulation.  In order to support awarding a member the PH, it is necessary
to establish that the wound for which the award is being made was received
as a direct result of, or was caused by enemy action, the wound required
treatment by a medical officer.  This treatment must be supported by
records of medical treatment for the wound or injury received in action,
and must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconsideration request and the supporting third-party
statements 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, that the wound was treated by military medical personnel, and
a record of this treatment must have been made a matter of official record.


2.  The evidence of record contains no documentary evidence showing that
the applicant was ever wounded or injured in action, that he was treated
for a combat related wound, or that he was ever awarded the PH by proper
authority while serving on active duty.  Item 40 of his DA Form 20 and
Section 8 of his DA Form 24 are blank, which indicates he was never wounded
in action, and Item 41 of the DA Form 20 and Section 9 of the DA Form 24 do
not include the PH in the list of authorized awards entered.

3.  Further, the PH is not included in the list of awards contained in Item
26 of the applicant's DD Form 214, and he authenticated this document with
his signature on the date of his separation.  In effect, his signature was
his verification that the information contained on the DD Form 214, to
include the list of awards in Item 26, was correct at the time the
separation document was prepared and issued.  Finally, the applicant's 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, and of
the information contained in the third-party statements he provided is not
in question. However, absent any evidence of record corroborating this
information, or that confirms he was wounded 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.  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

___MKP _  __MJF __  __GJP__  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 AR20040008283, dated 12 April 2005.




                                  _____Margaret K. Patterson___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001607                           |
|SUFFIX                  |                                        |
|RECON                   |AR20040008283 2005/04/12                |
|DATE BOARDED            |2006/08/09                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1965/12/10                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |O/S Rtn                                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  61   |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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