RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 July 2007
	DOCKET NUMBER:  AR20070001046 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Jerome L. Pionk

Member

Mr. John G. Heck

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 for award of the Purple Heart.

2.  The applicant states, in effect, that he is submitting new evidence and argument in response to the letter he received from the Army Board for Correction of Military Records (ABCMR), dated 9 May 2006, that denied his request for the Purple Heart.

3.  The applicant provides a copy of Orange County, New York, Veterans Service Agency, Goshen, New York, letter, dated 27 December 2006; a letter from Robert J. D___, dated 3 October 2006; letter from Sergeant James E. Moser (U.S. Army, Retired), dated 28 September 2006; ABCMR Docket Number
AC97-08097, dated 10 September 1997, in the case of: J_____, Alfred F. Jr.;
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 10 September 1967; and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 11 September 2006.

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 AR20050012606, on 25 April 2006.

2.  The applicant's military service records show that he was inducted into the Army and entered active duty on 7 December 1965.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman) and the highest rank he attained while serving on active duty was specialist four (SP4).  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam from 15 September 1966 through 9 September 1967.  Item 38 (Record of Assignments) confirms that he was assigned to Company B, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division, performing duties as an automatic rifleman (MOS 11B2O) during his overseas tour in Vietnam.

4.  There are no orders in the applicant’s military service records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations).  The applicant's name is not listed on The Adjutant General, Casualty Division's, Vietnam Casualty Roster.

5.  The applicant’s military service records contain a copy of a DA Form 1811 (Physical and Mental Status on Release from Active Service), dated
10 September 1967.  This document shows, in pertinent part, that the applicant’s physical condition on 10 September 1967 was such that he was considered physically qualified for separation and his physical profile was “111111.”

6.  On 10 September 1967, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 9 months, and 4 days of active military service.  The applicant's DD Form 214, issued at the time of his separation, as amended by the DD Form 215, issued 11 September 2006, shows in Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, 2 Overseas Bars, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  The applicant’s military service records contain a copy of a letter from the applicant, dated 15 September 1967.  This letter shows, in pertinent part, that he requested the entry in Item 10, block c (Date Inducted) (i.e., 7 December 1967) of his DD Form 214 be corrected to read “7 December 1965.”  His records also contain a DD Form 215, dated 18 March 1966, that shows Item 10, block c, of his DD Form 214 was corrected to read “7 December 1965.”

8.  The applicant’s military service records contain a copy of a Veterans Administration, Regional Office, New York, message, date-time group 081450Z December 1967, sent on behalf of the applicant to the U.S. Army Administrative Center, St. Louis, Missouri, requesting medical records pertaining to the applicant’s malaria during the period April 1966 through 18 July 1966 while he was serving in Vietnam.

9.  The applicant’s military service records contain a copy of a Veterans Administration, Regional Office, New York, message, date-time group 221718Z October 1969, sent on behalf of the applicant to the U.S. Army Administrative Center, St. Louis, Missouri, requesting medical records pertaining to the applicant’s malaria during the period 15 May 1966 through 18 July 1966 while he was serving in Vietnam.
10.  The applicant’s military service records contain a copy of a Standard Form (SF) 180 (Request Pertaining to Military Records), dated 14 May 1999.  This document shows, in pertinent part, that the applicant requested a copy of his
DD Form 215 and “all metals (sic) I am due.”  His records also contain a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 8 November 1999, which shows that the National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, notified the applicant that he was authorized the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 1 bronze service star, Combat Infantryman Badge, Republic of Vietnam Campaign Ribbon with “1960” Device, and Sharpshooter Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars.

11.  In support of his request for reconsideration, the applicant provides a copy of a letter from Robert J. D___, dated 3 October 2006, which states, in pertinent part, that he served with the applicant in Vietnam and recalls that in May 1967 the applicant was wounded with shrapnel from an apparent mortar round.  Mr. D___ also states that he recalls the medic, Al J_____, removed the shrapnel from the applicant’s hand.  The applicant also provides a letter from Sergeant James E. M____ (U.S. Army, Retired), dated 28 September 2006, which states, in pertinent part, that he served with the applicant in Vietnam and in an operation along the Cambodian border in May 1967, the applicant sustained shrapnel wounds to his left hand.  Sergeant M____ also states that the medic, Al J_____, treated the applicant’s wounds.  The applicant provides a copy of the 3-page Record of Proceedings for ABCMR Docket Number AC97-08097, dated
10 September 1997, in the case of Alfred F. J_____, Jr.  This document shows, in pertinent part, that (then SP4) Alfred J_____, a combat medic, was granted relief and awarded the Purple Heart for wounds received as a result of hostile action in Vietnam in May 1967.  The applicant also provides a letter from the Deputy Director, Orange County, New York, Veterans Service Agency, who states, in pertinent part, the applicant’s previous request for the Purple Heart contained a letter from Alfred F. J_____, the medic who tended his wounds, the applicant now offers two additional eyewitness statements, and the ABCMR Record of Proceedings for Docket AC97-08097 that shows the ABCMR decided in Alfred F. J______’s favor and authorized award of the Purple Heart based on supporting statements from three eyewitnesses who served with him.  This letter also requests the ABCMR afford the applicant the same consideration as it did Alfred F. J______.

12.  A review of ABCMR Docket Number AC97-08097, Record of Proceedings, dated 10 September 1997, in the case of Alfred F. J_____, Jr., shows that it contains copies of unit files pertinent to combat operations during the period in question and other relevant documents directly related to Mr. J_____’s request.  It also contains three eyewitness statements, including one from the applicant dated 15 December 1994.  In the applicant’s statement, the applicant attests to Al J_____’s heroic efforts as a combat medic, comments (in general) on the medical support Al J_____ rendered to the men of his unit, and how (in mid-May 1967) the applicant witnessed an explosion that wounded Al J_____.  The applicant’s statement is absent any mention that he was wounded during this same timeframe and/or that Al J_____ (the unit’s combat medic) treated him for wounds he received in action in Vietnam.

13.  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 Purple Heart.  It states, in pertinent part, that the Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s military service records contain no indication that he was ever wounded in action, that he received medical treatment for a combat-related wound, or that he was awarded the Purple Heart.

2.  The evidence of record shows four record-related inquiries were initiated by, or on behalf of, the applicant subsequent to his REFRAD during the 31-year period of time between September 1967 and May 1999.  The evidence of record also shows that nowhere in any of the inquiries was there reference or mention of the applicant having been wounded in action while serving in Vietnam, having received medical treatment for such wounds, or a request for award of the Purple Heart.

3.  The evidence of record shows that on 15 December 1994, the applicant submitted a statement in support of a request to the ABCMR from Alfred F. J_____, Jr. for award of the Purple Heart based on wounds the combat medic received in action in mid-May 1967 in Vietnam.  However, in this personal statement submitted in support of the combat medic, it is noteworthy that the applicant fails to make any mention of the fact that he was wounded in action and that this particular combat medic actually treated him for wounds during this same timeframe (i.e., in mid-May 1967).

4.  The evidence of record shows that on 10 September 1997, the ABCMR granted Alfred F. J_____, JR. relief and approved award of the Purple Heart for wounds received as a result of hostile action in Vietnam in May 1967.  However, the fact that Mr. J_____ was granted relief in his case and awarded the Purple Heart does not, in and of itself, provide a nexus for granting the applicant relief in this case.

5.  The applicant’ request for reconsideration for award of the Purple Heart, along with his military service records, original application to this Board, and the additional supporting documents he provided were carefully considered.  While the information contained in the third-party statements provided is not in question, these statements alone, submitted nearly 40 years after the fact, provide insufficient evidence to support award of the Purple Heart.  By regulation, in order to support award of the Purple Heart, it is necessary to establish that the wound, for which the award is being made, was received as a direct result of, or was caused by enemy action, the wound required treatment by a medical officer, and a record of this treatment must have been made a matter of official record.

6.  Thus, absent any evidence of record showing that the applicant was ever recommended for or awarded the Purple Heart by proper authority, or of any medical treatment records confirming he was treated for a combat-related wound while serving in the Republic of Vietnam, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, the applicant is not entitled to award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___LDS _  ___JLP __  ___JGH_  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 ABCMR Docket Number AR20050012606, on 25 April 2006.




____Linda D. Simmons_____
          CHAIRPERSON




INDEX

CASE ID
AR20070001046
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/07/26
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19670910
DISCHARGE AUTHORITY
AR 635-200, Chapter 5, Section VII
DISCHARGE REASON
Overseas Returnee
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.