RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2007
DOCKET NUMBER: AR20060015302
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.
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.
2. The applicant states that he was physically injured during combat operations (Operation Charleston) in the Republic of Vietnam. He goes on to state that he sustained injuries to his left knee and ankles while being inserted into a hot landing zone. He also states that he was unaware that physical injuries in combat without bloodshed were eligible for award of the Purple Heart. He continues by stating that his injuries were reported to the medic and at the time of his release from active duty physical examination, the medic refused to put the injury in his health records. In addition, he states that he is already receiving 100% disability compensation from the Department of Veterans Affairs (VA) so the award of the Purple Heart will not serve to further enhance any disability compensation.
3. The applicant provides a personal letter from a fellow platoon member who also provided a statement supporting his previous request, and a copy of a VA Disability Compensation Claim in which he was granted a 0% disability rating for his left knee and right foot.
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 AR20060002169, on 22 August 2006.
2. The applicants records show that he completed airborne training at Fort Benning, Georgia in October 1966, prior to being transferred to Vietnam on 11 November 1966.
3. The supporting third party statement submitted by the applicant from a fellow platoon member is similar to the last statement considered by the Board; however, the new statement relates as to how the treatment was possibly never recorded.
4. The applicants medical records are not present in the records reviewed by the Board; however, the available records do contain a poor quality copy of his report of medical history dated 13 March 1968 which indicates that the applicant had trouble with his left knee for about 11/2 years and that it was asymptomatic after physical therapy.
5. At the time of the applicants release from active duty (REFRAD) he had served 1 year, 10 months, and 19 days of active service.
6. Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the Board does not doubt the veracity of the applicants claim that he was injured in Vietnam when he was pushed out of a helicopter, there still remains no evidence of his being treated by medical personnel in the available records.
2. It is also understood than many Soldiers receive injuries in the field that are not made a matter of record nor are they all treated by medical personnel. However, those personnel are also not awarded the Purple Heart for such circumstances.
3. The applicants contentions and supporting documents have been noted; however, they are not sufficient to overcome the burden of showing that he was injured as a result of enemy action, that he was treated by medical personnel, and that the treatment was made a matter of record.
4. Therefore, absent sufficient evidence to establish that the criteria for award of the Purple Heart has been met, there appears to be no basis to award him the Purple Heart at this time.
5. The decision of the Board in this case no way diminishes the quality of the applicants service to the Army and the Nation. The applicants dedicated service and his performance in the United States Army to meet the needs of the Service demonstrated the finest traditions of the Noncommissioned Officer Corps 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 AR20060002169, dated 22 August 2006.
___x_______
CHAIRPERSON
INDEX
CASE ID
AR20060015302
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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