RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 November 2007
	DOCKET NUMBER:  AR20070008472 


	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. Barbara J. Ellis

Chairperson

Mr. Jose A. Martinez

Member

Mr. Chester A. Damian

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 to be awarded two awards of the Purple Heart. 

2.  The applicant states, in effect, that the additional documentary evidence shows his entitlement to the two awards of the Purple Heart.

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  DA Form 3327 (Individual/Organizational Clothing and Equipment Record), dated 31 January 1970.

	b.  Department of Veterans Affairs (DVA) Rating Decisions, dated 12 November 1971 and 21 July 1990.

	c.  Memorandum, dated 15 March 1971, titled: Operational Report-Lessons Learned, Headquarters, 25th Infantry Division, Period Ending 31 July 1970.

	d.  Page 2 of an undated Standard Form (SF) 88 (Report of Medical History), Separation Physical.

	e.  Copy of SF 515 (Tissue Examination), dated 30 May 1984. 

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 AR20060010813, on 27 February 2007.

2.  The applicant submitted an Individual/Organizational Clothing and Equipment Record, DVA Rating Decisions, Operational Report-Lessons Learned, Extract of his Separation Physical, and a copy of a Tissue Examination chronological record of medical care, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.



3.  The applicant's records show that he was inducted into the Army of the United States on 12 March 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank the applicant attained during his military service was sergeant/pay grade E-5. 

4.  The applicant's records further show that he served in the Republic of Vietnam during the period 22 August 1969 through 21 August 1970.  He was assigned to Company B, 2nd Battalion, 22nd Infantry Regiment, 25th Infantry Division for duty as a rifleman.

5.  After departure from the Republic of Vietnam, the applicant arrived at Fort Hood, Texas, where he remained until he was honorably released from active duty (REFRAD) at his request on 28 December 1970, for the purpose of entering or returning to college.  The DD Form 214 ((Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time of his separation showed he completed 1 year, 9 months, and 17 days of total active service.  

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any entries for wounds.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart.

7.  The applicant's records do not contain general orders which authorized him award of the Purple Heart.

8.  The applicant's name is not shown on the Vietnam Casualty Roster.

9.  The DA Form 3327, dated 31 January 1971, shows that the applicant sustained loss of clothing and/or equipment as a result of the day to day activities/duties in the Republic of Vietnam.

10.  The DVA memorandum, dated 12 November 1971, shows that the applicant's disabilities of high frequency hearing loss, tinnitus, and otitis externa were service-connected.

11.  The DVA rating decision, dated 21 July 1990, shows the applicant was evaluated based on his service medical records, DVA treatment and examination records, applicant statements to include original disability claim, and his DD Form 214.  The DVA rating decision further shows that the applicant testified that he developed a large knot and hematoma on the left forehead, and that he bled from his ears and was treated at the scene, as a result of a mine explosion.
12.  The Operational Report, dated 15 March 1971, describe daily combat operations in the Republic of Vietnam.  The information contained in the report was published to provide lessons learned during current operations and benefit Soldiers in future operations.  The information describes friendly forces, enemy forces, equipment, weapon systems, location, and the type of operations, casualties, and air support. 

13.  The back page of the applicant's SF 88 shows that the applicant suffered a hearing loss while in the Republic of Vietnam. 

14.  The applicant's SF 515, dated 31 May 1984, shows that the applicant had a history of and was treated for anterior scalp cysts. 

15.  Army Regulation 600-8-22 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 a result of hostile action, that the wound must have required treatment by military medical personnel, and that the medical treatment was made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to two awards of the Purple Heart. 

2.  While the sincerity of the applicant’s claim to have sustained injuries and wounds while serving in Vietnam is not in question, there is insufficient evidence in the available records and the applicant did not provide any additional evidence to corroborate his claim.  In the absence of conclusive evidence that shows the applicant was wounded as a result of hostile action, and that he was treated for wounds incurred as a result of hostile action which was made a matter of official record, there is no basis to grant award of the Purple Heart in this case.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__bje___  __jam___  __cad___  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 AR20060010813, dated 27 February 2007.



							Barbara J. Ellis
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070008472
SUFFIX

RECON

DATE BOARDED
20071108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.