RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 May 2007
      DOCKET NUMBER:  AR20060015357


      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      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Ms. Rose M. Lys                   |     |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, that while serving in the Republic of
Vietnam (RVN) in April 1969, he sustained an injury to the palm of his
right hand.  He claims that while serving with the 303rd Radio Research
Company, his duties included the requirement to drive a water truck to a
refill station off base to get water to refill the water towers.  He claims
that in April 1969, while he was returning after filling the water towers,
the base he was returning to was under attack and he was not allowed to
enter.  He claims that while in the process of leaving the truck to take
cover, the palm of his right hand was cut and he was tagged and transported
to the 93rd Evacuation Hospital for treatment.  He states the tag was
removed and he was treated by a physician who told him that paperwork for
the PH would be processed.  He believes the PH paperwork was lost when he
was transferred to the 377th Radio Research Company on 15 April 1969.

3.  The applicant provides a self-authored statement and his separation
document (DD Form 214) in support of his reconsideration 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
AR20050011771, on 20 April 2006.

2.  During its original review of the case, the Board found no evidence of
record showing that the applicant was ever wounded as a result of hostile
enemy fire.  It further determined that his name was not included on the
Department of the Army (DA) Vietnam Casualty Roster, the official DA list
of RVN casualties.

3.  The applicant provides a self-authored statement restating the same
argument that he used in his initial application, and that was considered
by the Board during its original review of his case, as new evidence.

4.  Item 40 (Wounds) of the applicant's Enlisted Qualification Record (DA
Form 20) is blank, and the PH is not included in the list of awards
contained in Item 41 (Awards and Decorations).

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents that indicate he was ever recommended for, or
awarded the PH by proper authority while serving on active duty.  There are
also no medical treatment records on file that show the applicant was ever
treated for a combat-related wound or injury during his active duty tenure.


6.  On 28 January 1970, the applicant was honorably released from active
duty after completing a total of 1 year, 7 months, and 2 days of active
military service. The DD Form 214 he was issued does not include the PH in
the list of authorized awards contained in Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized), and the applicant authenticated this document with his
signature in Item 32 (Signature of Person Being Transferred or Discharged)
on the date of his separation.

7.  During the processing of this reconsideration request, a member of the
Board staff again reviewed the DA Vietnam Casualty Roster.  This review
confirms the finding of the original Board, which was that there was no
entry pertaining to the applicant on this roster.

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 in order to award a PH there must be evidence that a member was
wounded or injured as a result of enemy action.  The wound or injury for
which the PH is being awarded must have required treatment by a medical
officer, this treatment must be supported by medical treatment records that
were made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s reconsideration request was carefully considered.
However, by regulation, in order to support award of the PH there must be
evidence confirming the wound for which the award is being made was
received as a result of enemy action, that it required treatment by
military medical personnel, and a record of this medical treatment must
have been made a matter of official record.

2.  In this case, the applicant's record is void of any documents or orders
indicating that he was ever recommended for or awarded the PH by proper
authority while serving on active duty.  His record also contains no
medical treatment records showing he was ever treated for a combat-related
wound during his active duty tenure.

3.  Item 40 of the applicant's DA Form 20 is blank, which indicates he was
never wounded in action, and the PH is not included in the list of
authorized awards contained in Item 41.  The list of awards contained in
Item 24 of his separation document does not include the PH, 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
contained in Item 24, was correct at the time the separation document was
prepared and issued.  Finally, his name is not included on the Vietnam
Casualty Roster, the official DA list of RVN battle casualties.  Therefore,
absent any evidence confirming that the applicant was wounded as a result
of enemy action while serving in the RVN, the regulatory burden of proof
necessary to support award of the PH has still not been satisfied in this
case.

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 this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RTD _  __MJF   _  ___RML _  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 AR20050011771, dated 20 April 2006.




                                  _____Richard T. Dunbar____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015357                           |
|SUFFIX                  |                                        |
|RECON                   |AR20050011771- 2006/04/20               |
|DATE BOARDED            |2007/05/03                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/01/28                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OSRET                                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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