RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060010091 


	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. Gerard W. Schwartz

Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Larry C. Bergquist

Member

Ms. LaVerne M. Douglas

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 earlier request to the Army Board for Correction of Military Records (ABCMR) that he be awarded the Purple Heart.

2.  The applicant states, in effect, that on Monday, 13 May 1968, he was slightly wounded on his right knee and his unit was in heavy firefight all day and night.
He states that at least one GI (Soldier) was killed and many wounded.  Due to the fighting, evacuation did not take place until Tuesday, 14 May 1968, and due to his minor injury, he was treated by a medic and kept in the field.  About a month later, medals were given out and he received a Purple Heart.  Upon discharge from the Army, the medal was not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He did not care at that time.  Around 1985, he was told his records were burned in a fire.  He found the attached document and is enclosing it as proof of his wound. 

3.  The applicant provides a copy of his DA Form 1156 (Casualty Feeder Report) and a copy of a letter from the U.S. Army Reserve (USAR) Components Personnel and Administration Center, St. Louis, dated 19 January 1984, in support of his request.

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 AR20050005022, on 11 August 2005.

2.  The Board concluded that the evidence of record provided no confirmation that the applicant was ever wounded in action.  Further, item 40 ((Wounds), of his DA Form 20 (Enlisted Qualification Record), was blank and his name was not included on the Vietnam Casualty Roster, which would indicate he was never wounded or injured in action.  It also concluded that a casualty feeder report submitted by the applicant showed he was lightly wounded in action.  Absent any other corroborating evidence that showed the applicant was wounded or treated for wounds due to hostile action, there was insufficient basis for award of the Purple Heart in this case.  

3.  The Board therefore, determined that the overall merits of the applicant's case were insufficient as a basis for correction of his records to show award of the Purple Heart.
4.  The applicant's new argument, as stated in his request, is that he was slightly wounded on his right knee and his unit was in heavy firefight all day and night.
He stated that at least one GI (Soldier) was killed and many wounded.  Due to the fighting, evacuation did not take place until Tuesday, 14 May 1968, and due to his minor injury, he was treated by a medic and kept in the field.  A month later medals were issued out and he received a Purple Heart.  Upon discharge from the Army, the medal was not on his DD Form 214.  He did not care at that time.  Around 1985, he was told his records were burned in a fire.  He found the attached document and is enclosing it as proof of his wound. 

5.  The applicant provided a copy of a letter, from St. Louis, which informed him that his records were destroyed in a major fire, at their center, on 12 July 1973.

6.  Army Regulation 600-8-22 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.  This 
regulation also provides that there is no statute of limitations on requests 
for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

2.  The applicant's new argument was considered by the Board.  However, there is no evidence, and the applicant has provided none, to show that he was slightly wounded on his right knee or that his unit was in heavy firefight all day and night. There also is no evidence to show that he was treated by a medic and kept in the field and was later issued the Purple Heart.  This argument does not support an award of the Purple Heart.  

3.  The applicant's name does not appear on the Vietnam Casualty Roster even as lightly wounded in action or in any category. 




4.  The letter from St. Louis presented by the applicant shows that he was informed that his service records were destroyed in a major fire on 12 July 1973. 

5.  The document presented, in support of his request for reconsideration, is not sufficient as a basis to award the Purple Heart to the applicant.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LD____  __LB____  __TSK__  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 AR20050005022, dated 11 August 2005.




_____Ted S. Kanamine_____
          CHAIRPERSON




INDEX

CASE ID
AR20060010091
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070227
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
A9690330
DISCHARGE AUTHORITY
AR  635-200 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.