RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            02 MAY 2006
      DOCKET NUMBER:   AR20060005315


      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. Carl W. S. Chun               |     |Director             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Sherry Stone                  |     |Member               |
|     |Mr. Randolph Fleming              |     |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 reconsideration of his previous request for
award of the Purple Heart.

2.  The applicant states, in effect, that his previous request to be
awarded the Purple Heart was denied because there was no evidence that he
was treated for his wounds or that there were any eye witnesses to the
incident.  Accordingly, he has obtained statements from the attending medic
at the time and a commissioned officer who was present at the time.

3.  The applicant provides two unofficial third party statements from
individuals who assert that they were present during the time the applicant
contends that he was injured.  One of the statements is from an individual
claiming to have been a medic that attended the injured in an explosion on
28 May 1969 and the other is from a Retired major who was a commissioned
officer in the same battalion as the applicant and the medic.

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
AR1999024601, on 18 November 1999 and Docket Number AR2003092052 on 22
January 2004.

2.  In the applicant’s 1999 application to the Board he contended that he
was wounded/injured in Phu Tai, Vietnam on 21 October 1969 when he was
thrown from his dozer due to the enemy blowing up a CONEX container.

3.  His medical records revealed that he fell while unloading a truck and
injured his head.  A determination was made at the time that the injuries
were accidentally incurred.

4.  In his 2003 application to the Board, he asserted that he was wounded
on 28 May 1969 in the siege of DAK TO, when he received a concussion and
injury to his ears during a rocket attack that resulted in about 30 men
being killed or wounded.  He indicated that a medic put cotton in his ears
to stop the bleeding and was later treated at the firebase dispensary.  He
provided a letter from his battalion commander, a letter he wrote to his
mother, a letter from an audiologist and an organization report for his
battalion ending in July 1969.

5.  The Board determined in 2004 that the applicant had not provided an
eyewitness account of the event, evidence that he had been treated for his
wounds and noted that there were inconsistencies in his claim.

6.  In his 2005 application to the Board he indicates that he was wounded
on 28 June 1969 and he provided the statement from the medic who claims to
have treated him on that date.

7.  The unofficial statement from the medic indicates that the applicant
was seen and released at the time, not knowing the total extent of his
injuries, which he still suffers from today.  He recommends that the
applicant be awarded the Purple Heart.

8.  The unofficial statement from the retired major indicates that the
applicant was treated by the medic (from the previous statement) and his
award of the Purple Heart was overlooked at the time.

9.  The applicant served until he was honorably released from active duty
in the pay grade of E-5 on 30 July 1971.

10.  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.  Although the applicant has provided two unofficial statements from
individuals who claim to have been at the scene at the time and corroborate
the applicant’s version of what happened at the time, some 36 years ago,
they are not sufficiently convincing to establish that he was wounded and
treated by medical personnel.  The statement from the medic indicates that
he was seen at the dispensary immediately thereafter; however, there has
been no evidence of such treatment provided.

2.  It is noted that the applicant’s records contain documentation to show
that he was treated in Vietnam when he was accidentally injured in October
1969, there is no evidence to show any treatment for a May 1969 injury that
the applicant claims entitles him to award of the Purple Heart.

3.  It is also noted that the applicant’s claims have been inconsistent
over time as to the date and circumstances that relate to his injuries.
Therefore, lacking more official documentation related to the treatment of
his injuries at the time than the two general statements he has provided,
it would not be appropriate to award him the Purple Heart at this time.

4.  The applicant went on to serve an additional 2 years after the incident
in question and the available records make no mention of the applicant
being injured or wounded.  Therefore, lacking documentation of a more
official nature that documents the events of 28 May 1969 and contain the
applicant’s name, there appears to be no basis to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WP__  ___SS __  ___RF___  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 AR2003092052, dated 22 January 2004.




                                  _____William Powers_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005315                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060502                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19710730                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 2                        |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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