RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2007
DOCKET NUMBER: AR20060015112
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.
x
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 to be awarded the Purple Heart and to be awarded the Meritorious Unit Citation (MUC) and Presidential Unit Citation (PUC) if he is so entitled.
2. The applicant states that he was wounded in Vietnam on 25 September 1967 and was treated for his wounds at the 12th Evacuation Hospital. He was released to his unit on the same day and the treatment was made a matter of record. He further states that he did not receive the Purple Heart, at the time awards were the last thing on his mind. He continues by stating that he has been made aware that his unit was awarded the MUC and PUC and desires that they be added to his records.
3. The applicant provides photo copies of Standard Forms (SFs) 600 (Chronological Records of Medical Care) from his military medical records.
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 AR20050005868, on 12 January 2006.
2. The SFs 600 provided by the applicant indicate that on 25 September 1967 an entry was made in his records indicating that he sustained first degree burns over his face and arms with one three-centimeter diameter area of second degree burn on the left arm. Denies inhalation.
3. The applicant continued to receive follow-up treatment for his burns until 28 October 1967. The medical records provided by the applicant do not indicate if the burns were the result of hostile action by the enemy.
4. A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) fails to show that the applicants unit earned the MUC and PUC during the period he served with the unit.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.
DISCUSSION AND CONCLUSIONS:
1. While the applicant has provided evidence to show that he was treated for burns received while in Vietnam, there is no indication of the circumstances surrounding that injury.
2. The Board acknowledged in its previous decision that there was evidence that he had been treated for burns while in Vietnam and concluded that there was no evidence to show that the burns were the resultant cause of enemy action. Again, the applicant has failed to show through the evidence submitted and the evidence of record that his injuries were caused by enemy action. Therefore, lacking such evidence there appears to be no basis to award him the Purple Heart at this time.
3. Likewise, the Board found no evidence to show that his unit was awarded the MUC and PUC during the period he was assigned to the unit. Accordingly, he is not entitled to have those awards added to his records.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
5. In arriving at its decision, the Board wants the applicant to know that the decision of the Board in this case in no way diminishes the quality of his service to our Army and our Nation. The applicants dedicated service and his performance in the Army of the United States to meet the needs of the Service demonstrated the finest traditions of the American Soldier and should be a source of pride to the applicant.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x__ __x ___ ___x_ 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 AR20050005868, dated 18 January 2006.
______ x_______
CHAIRPERSON
INDEX
CASE ID
AR20060015112
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070501
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. 107.0015
61/PH
2.
3.
4.
5.
6.
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