RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2007
      DOCKET NUMBER:  AR20070003793


      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. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Ronald Gant                   |     |Member               |
|     |Mr. Rowland Heflin                |     |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 his DA Form 20, Enlisted
Qualification Record, should be checked and corrected to reflect the fact
he was wounded by enemy action while participating in combat in Vietnam in
March 1970.  He adds he received these wounds while participating on a
combat mission, he was treated by an Army medical officer but, due to an
administrative error, Item 40 (Wounds), of his DA Form 20, was not
checked. This error in his records, he states, needs to be corrected, in
the interest of justice.

3.  In support of his request, the applicant provides his DD Form 149,
Application for Correction of Military Record, with those documents listed
on the “List of Enclosures” he prepared and submitted for consideration by
the Board.

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
AR20050015400, on 8 June 2006.

2.  In his originally submitted request, the applicant stated, in effect,
that while participating in combat action, in March 1970, as a crew chief I
door gunner in the Republic of Vietnam, they came under attack.  He states
that as he was firing from the door of his helicopter, his machine gun
mount was hit by rounds of fire which resulted in his being hit in his hand
with shrapnel.  After the mission was completed, they landed and the
shrapnel was surgically removed from his hand, and he was returned to duty.
 He stated his staff sergeant informed him that because he was wounded in
combat, he would receive the Purple Heart.

3.  The evidence shows the applicant served in Vietnam from 8 October 1969
through 2 October 1970.  He was assigned to the 92nd Aviation Company and
performed the duties of a helicopter mechanic, senior helicopter mechanic,
and crew chief.

4.  As indicated in his request for reconsideration, Item 40 (Wounds), of
the applicant’s DA Form 20, is blank.  Item 41 (Awards and Decorations), of
his DA Form 20, also does not show the Purple Heart as an authorized award.
5.  On 22 October 2006, the applicant prepared a three-page letter,
Subject:  Request for Correction of Military Records, and addressed this
letter to the Army Review Boards Agency.  In this letter, the applicant
states, in the second paragraph of the “Statement of M****** A. S******
section,  “Upon completion of this mission, my flight landed at Dong Ba
Thin.  I reported to the camp dispensary where my hand was x-rayed to
locate the imbedded shrapnel.  Once this was done, the metal fragments
were surgically removed by the Army surgeon.  My hand was stitched
up and I returned to duty.”

6.  The applicant submits a letter prepared by an alleged fellow Soldier,
A***** B. A*****, Jr., who states he was an eyewitness and knew and
crewed the same helicopters and was on the same flights for many of their
unit’s combat missions. He states, in effect, the applicant was wounded
by enemy fire on 24 March 1970. On arrival at their base camp, he states
he met his [the applicant’s] ship and personally escorted him to the base
infirmary.  On the way there to seek treatment, he showed him the wound
to his hand and they talked about what happened.  He was there when they
removed the shrapnel and stitched the wound.

7.  The applicant did not submit documentary evidence to show his witness
was in the same unit at the same time; however, his name does appear on the
orders by which they were awarded the Aircraft Crewman Badge on 16 March
1970.

8.  The applicant submitted a letter which was written, on 30 July 2006,
by M****** F****; addressed “To Whom it May Concern,” dated 30 July 2006;
however, this letter contains no details pertinent to the applicant’s
being wounded in Vietnam.  It is essentially a character reference letter
attesting to the applicant’s highest ethical and professional standards
and the contributions he has made to his community as a role model.

9.  The National Archives and Records Administration Archival Database
was electronically searched for any indication the applicant’s name had
been overlooked when his request was processed earlier.  The date base
was searched using name, service number and social security number.  This
search produced results for four Soldiers with the same last name;
however, the applicant’s name was not among the four.

10.  The Vietnam Casualty List was searched again to ensure the applicant’s
name had not been overlooked in the earlier search.  This search produced
results for five Soldiers with the same last name; however, the applicant’s
name was not among the five.

11.  On 17 December 1969, the applicant underwent a Class Ill flight
physical examination.  In the “Notes” section, the attending physician made
an entry about identifying body marks, scars, and tattoos.  He wrote, “39.
2 cm scar Rt. Forefinger.”  No indication of the source for the scar was
entered.

12.  On 28 October 1970, the applicant underwent a separation physical
examination.  There is an absence, on the Standard Form (SF) 88, Report of
Medical Examination, of any mention of a scar, wound, or injury the
applicant may have sustained while he served in Vietnam.

13.  The Chronological Record of Medical Care, dated 24 March 1970, the
applicant resubmitted was again reviewed.  The entry is inconclusive
insofar as award of the Purple Heart is concerned.  The text of the entry
on the Chronological Record of Medical Care reads:  “Cut ‘spranel’ out of
hand.”  As indicated in the Record of Proceedings, dated 8 June 2006, the
document shows he was treated for a wound to his hand; however, be it a
“spranel” or shrapnel wound, it gives no indication the wound was received
as a result of enemy action.  Additionally, the applicant has provided
insufficient detailed corroborating evidence prepared at the time, or
close to the time he was allegedly wounded, to support his contention he
was wounded in action.

DISCUSSION AND CONCLUSIONS:

1.  There is evidence the applicant sustained a wound to the hand while he
served in Vietnam.  The evidence he submitted, the Chronological Record of
Medical Care, dated 24 March 1970, does not indicate the wound he was
treated for on that date was received as a result of enemy action.

2.  The statement submitted by the applicant’s alleged eyewitness is
insufficient for the purpose of establishing an indisputable foundation for
award of the Purple Heart to the applicant.  The eyewitness was not present
at the moment at which the applicant alleges to have been wounded.  The
eyewitness stated he met the applicant at his ship and personally escorted
him to the base infirmary.  The knowledge he has is only that which was
provided to him by the applicant.

3.  The applicant states his staff sergeant told him that because he was
wounded in combat, he would receive the Purple Heart; however, the
applicant has not collected and submitted a statement from his
noncommissioned-officer-in-charge to support this allegation.
4.  The Board noted, in his own statement addressed to the Army Review
Board Agency, the general tenor of the applicant’s statement seems to
indicate he was alone when he reported to the base dispensary.  He did not
mention his eyewitness or any conversation they might have had en route to
the dispensary, much like the eyewitness did.  The eyewitness states he
escorted him [the applicant] to the dispensary.

5.  Absent any evidence that indisputably corroborates his claim that the
wound he sustained on 24 March 1970 was received as a result of enemy
action, the regulatory burden of proof necessary to support award of the
Purple Heart has not been satisfied in this case and he is therefore not
entitled to award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RCH__  __JEV  __  __RG___  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 AR20050015400 dated 8 June 2006.




                                  ____James E. Vick_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003793                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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