RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060011489 


	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

Acting Director

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Paul M. Smith

Member

Mr. Jerome L. Pionk

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 he should be issued a Purple Heart for a wound received on 26 March 1970 in the Republic of Vietnam.

3.  The applicant provides two letters from his commanding officer and a copy of an award certificate awarding him the Bronze Star Medal, with "V" Device, 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 ABCMR in Docket Number AR20050008451, on 23 March 2006.  

2.  The applicant’s claim to entitlement to award of the Purple Heart was carefully considered and it was concluded that: 

a.  there was insufficient evidence to support the award of the Purple Heart.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record.  The former commanding officer's statement alone did not meet the regulatory requirements for award of the Purple Heart.

b.  the Purple Heart was not included in the list of authorized awards listed on the applicant’s DD Form 214, which he authenticated with his signature.  His signature on the separation document indicated he verified that the information it contained was correct and complete, to the best of his knowledge.  Finally, his name was not included on the Vietnam Casualty Roster, the official DA list of Republic of Vietnam battle casualties.

c.  lacking sufficient corroborating evidence of record showing the treatment of a wound/injury that was the direct result of enemy action, the regulatory burden of proof necessary to support award of the Purple Heart had not been satisfied in this case.  As a result, his request for the Purple Heart was denied.

3.  The applicant's new argument, as stated in his request, is that he should be issued a Purple Heart for a wound received on 26 March 1970 in the Republic of Vietnam, based on additional eyewitness statements and a revised statement from his Vietnam unit commander.

4.  The applicant provided a copy of a letter from his former commander, dated 10 July 2006.  The commander stated that the applicant was wounded and he was an eyewitness to his being wounded and that they served on the same vehicle.  He also elaborated in detail on the sequence of events that led to the applicant being wounded.

5.  The applicant provided a copy of his award certificate for the Bronze Star Medal, with "V" Device, which was awarded to him on 9 June 2005, by the President of the United States of America, authorized by Executive Order, dated 
24 August 1962, for heroic achievement on 26 March 1970, while serving as an Assault Vehicle Machine Gunner assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment, in the Republic of Vietnam.  The certificate indicates that he was painfully wounded but after briefly receiving first aid, he courageously returned to his duty station and directed suppressive fire into the dense jungle at enemy positions, an action that stabilized the center of Alpha Troop's line.

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.  




3.  The applicant provided an award certificate which awarded him the Bronze Star Medal, with "V" Device, on 9 June 2005, by the President of the United States of America, authorized by Executive Order dated, dated 24 August 1962, for heroic achievement on 26 March 1970, while serving as an Assault Vehicle Machine Gunner assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment, in the Republic of Vietnam.  The certificate indicates that he was wounded but after briefly receiving first aid, he courageously returned to his duty station and directed suppressive fire into the dense jungle at enemy positions, an action that stabilized the center of Alpha Troop's line.  This award certificate, by itself, is sufficient evidence, in this case, to support an award of the Purple Heart. Therefore, he is entitled to correction of his records to show he was awarded the Purple Heart.

BOARD VOTE:

___JP___  ___WDP   __PMS__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20050008451, dated 23 March 2006.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart on 26 March 1970.




_____William D. Powers____
          CHAIRPERSON




INDEX

CASE ID
AR20060011489
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070313
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710707
DISCHARGE AUTHORITY
AR  635-200
DISCHARGE REASON

BOARD DECISION
NC
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.