RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 December 2007
	DOCKET NUMBER:  AR20070010026 


	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

Ms. Jeanne Marie Rowan

Analyst


The following members, a quorum, were present:


Mr. William Powers

Chairperson

Mr. Michael Flynn

Member

Ms. Sherry Stone

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 that his records be corrected to show that a Soldier intentionally shot him in the abdomen during his foreign service tour in the Republic of Vietnam and then award him the Purple Heart. 

2.  The applicant states, in pertinent part, that he was not injured by an accidental discharge from a rifle on 13 January 1968 as reported through military medical and personnel communications while serving in the Republic of Vietnam.  He states, in effect, that another Soldier intentionally shot him at close interval and the resulting wounds to his abdomen were gravely serious.  Today he suffers from severe abdominal adhesions and posttraumatic stress disorder.     

3.  The applicant provides a copy of his personal letter to the Vice President dated 30 August 2006, a copy of the USARV Form 176 (Joint Message Form) dated 13 January 1968, a self-authored narrative summary of the incident, and a copy of his DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge) with a separation date of 17 April 1970.

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 AR20040002769, on 22 March 2005.

2.  On 20 April 1967, the applicant enlisted in the Regular Army.  He completed all required training and was awarded the military occupational specialty (MOS) 65B (Military Policeman).  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company B, 720th Military Police Battalion from 14 October 1967 to on or about 11 February 1968 in the Republic of Vietnam.

3.  In the original findings, the ABCMR denied the applicant award of the Purple Heart based on the evidence of record, which shows the applicant sustained a non-hostile gunshot wound to the abdomen on 13 January 1968 while serving in the Republic of Vietnam.  The Board found that there was no substantiating evidence to show the applicant was wounded because of hostile action by enemy forces.  The Purple Heart is awarded to Soldiers who are injured or wounded as a direct result of, or was caused by enemy action. 

4.  The applicant makes a new argument to correct his record to show he was injured intentionlly by a fellow Soldier, then he states he should be awarded the Purple Heart, which requires that his case be reconsidered by the ABCMR. 

5.  The applicant provided and his military personnel record contains a copy of USARV (Joint Message Form) which shows the applicant's next of kin was notified by the military message service that his son was seriously wounded on 13 January 1968 at 1040 hours in the Republic of Vietnam.  The form shows the entry "Wound, missile (gun shot wound) to the abdomen."  The following explanation was written, "Individual was working in the boat in the vicinity of YT 012 054, Bien Hoa, 25 III CTZ in the Republic of Vietnam when a M-14 rifle which was leaning against the side of the boat fell and discharged.  Individual admitted to the 24th Evacuation Hospital at 0920 hours and placed on serious injured list.  Wound is not the result of hostile action." 

6.  The applicant's military personnel record contains DA Form 2173 (Statement of Medical Examination and Duty Status) which shows the applicant sustained a traumatic evisceration to his abdomen on 12 January 1968 and was initially admitted to the 24th Evacuation Hospital at Long Bien in the Republic of Vietnam on 13 Janaury 1968.  Item 15 (Details of the Accident or History of Disease) shows, in effect, the applicant doesn't know how he received his injury on 12 January 1968 near the vicinity of Long Bien Post.  Further, the unit commander determined the injury incurred in the line of duty and that no formal line of duty investigation was required.  

7.  Item 30 (Details of Accident) of DA Form 2173 shows the preliminary investigation failed to reveal any criminal act on the part of the parties involved, further the injury was caused by an accidental discharge.  The unit commander states, in effect, the applicant was walking across the battalion boat dock when a weapon laying unattended against the boat, fell and discharged one round striking the applicant in the abdomen. 

8.  The applicant requests, in pertinent part, that his record be changed to show he was injured not by accidental discharge, but as a direct result of being shot by a Soldier within his unit at close interval.  He states that his platoon leader lied to cover up the fact that he was intentionally shot by a fellow Soldier.  The applicant states, in effect, that this error in proper reporting has bothered him for a number of years causing him undue personal hardship and mental anguish resulting in a Department of Veterans Affairs diagnosis of posttraumatic stress disorder.  

9.  The applicant states, in pertinent part, that no ammunition rounds were carried in their M-14 rifles.  He states that he personally witnessed a Soldier load his personal weapon with M-14 rifle ammunition and then fire the rifle directly at the applicant inflicting serious and life threatening injuries to his abdomen.

10.  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 his record should be corrected to show that he was seriously injured when a Soldier fired directly at him and not as a result of an accidental discharge of a rifle.  Records show the applicant was injured while performing duties in the Republic of Vietnam.  Records show he was injured, but not by hostile action or indirect enemy fire.  Medical records, line of duty determinations, and personnel accountability records show he was injured when a falling rifle accidentally discharged a bullet seriously wounding him in his abdomen.  There is insufficient evidence to support correcting the applicant's record to show another Soldier intentionally shot him at close interval.  Multiple military records show he was injured due to an accidental discharge of a M-14 rifle. 

2.  The applicant's record supports the fact that he was seriously injured but the injury was not the result of hostile action or enemy forces.  In order to award a Soldier the Purple Heart, the Soldier's injuries must have occurred while engaged with hostile enemy forces or as the result of direct enemy fire.  In the absence of military records, which show that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.  

3.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___WP __  ___MF __  __SS___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 AR20040002769, dated 22 March 2005.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  




_____William Powers________
          CHAIRPERSON




INDEX

CASE ID
AR20070010026
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071211
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0150
2.
126.0400
3.

4.

5.

6.