RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 October 2007
DOCKET NUMBER: AR20070007728
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. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Mr. James E. Anderholm
Member
Mr. Joe R. Schroeder
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 earlier request for award of the Purple Heart.
2. The applicant states, in effect, that he is now providing more information to show his entitlement to the Purple Heart. He further states that a friend who served with him in the Republic of Vietnam witnessed the patch that he was wearing on his face after he was wounded.
3. The applicant provided a witness statement submitted by a friend who served with him in the Republic of Vietnam.
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 AR200600014537, on 10 May 2007.
2. The applicant submitted a copy of an undated witness statement regarding the applicant's entitlement to the Purple Heart, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The applicant's military records show he was inducted into the Regular Army on 8 March 1971. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was released from active duty and transferred to the United States Army Reserve (USAR) Annual Training on 17 January 1973.
4. The applicant's records show that he served in the Republic of Vietnam during the period 5 August 1971 through 20 June 1972. He was assigned to Company D, 3rd Battalion, 21st Infantry, 196th Infantry Brigade.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.
6. There are no orders in the applicants service personnel records that show he was awarded the Purple Heart. There is also no evidence in his records that show he was wounded or treated for wounds as a result of hostile action.
7. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any entry for wounds. Item 41 (Awards and Decorations) does not show award of the Purple Heart.
8. The applicant's name is not shown on the Vietnam Casualty Roster.
9. There are no medical treatment records available to show that he was wounded and/or how or when he might have been wounded or injured.
10. The applicant submitted a witness statement submitted by his friend who served with him in the Republic of Vietnam. The witness states that while he was talking to the applicant on 10 October 1971, he noticed that the applicant had a patch on his right cheek and that the applicant told him that he had gotten hit with shrapnel. The witness further states that they both left the Republic of Vietnam and were stationed at Fort Hood, Texas, where the applicant told him about the time he (the applicant) had to jump 10-15 feet out of a helicopter and hurt his back.
11. 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 military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Purple Heart.
2. The applicant submitted a witness statement which shows that he had a patch on his right cheek on 10 October 1971. This statement does not indicate that the injury was incurred as a result of hostile action or that the applicant was exposed to elements during hostile action which resulted in injuries. Additionally, the witness statement does not indicate that he (the witness) was physically with and observed the applicants wounding. As a result, the witness statement is not sufficient evidence to support the applicant's request for award of the Purple Heart.
3. There are no general orders that show the applicant was awarded the Purple Heart, there is no evidence in his records which shows that he was wounded or injured as a result of hostile action or treated for such wounds, and the applicant's name is not listed on the Vietnam Casualty Roster. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__slp___ __jea___ __jrs___ 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 AR20070007728, dated10 May 2007.
Shirley L. Powell
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070007728
SUFFIX
RECON
DATE BOARDED
20071016
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.
107.0015
2.
3.
4.
5.
6.
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