RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 January 2008
DOCKET NUMBER: AR20070012875
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. John P. Infante
Chairperson
Mr. Eric N. Anderson
Member
Mr. David K. Haasenritter
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 a 9 January 2007 letter, that he and Robert S___ were close friends and were assigned to the same company in Vietnam. Robert was driving a truck in the same convoy in which he followed driving a tractor trailer. Robert was killed (in the same attack) in which he (the applicant) was injured. He was treated for shrapnel injuries to his neck and shoulder in a medic tent and ordered back to base camp.
3. The applicant provides a printout from an internet link for Robert S___s death; a statement from his daughter; a statement from a fellow Soldier; and a statement, dated 27 August 2007, from his wife.
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 AR20050010548 on 23 March 2006.
2. The evidence provided is new evidence which will be considered by the Board.
3. The applicants complete service personnel records are not available at this time.
4. The applicant enlisted in the Regular Army on 8 September 1966. He served in Vietnam from 11 July 1967 through 10 July 1968. He was released from active duty on 5 September 1969.
5. The applicants service medical records are not available. His name is not listed on the Vietnam Casualty Roster. There were no general orders in his records to show he was awarded the Purple Heart. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) did not show that he was wounded. Item 41 (Awards and Decorations) did not show he was awarded the Purple Heart. He signed his DA Form 20 on 20 August 1968.
6. The applicant provided a printout from an internet link for Robert S___s death. This printout shows that Robert S___s tour in Vietnam began on 11 July 1967 (the same date the applicants tour began) and that he died from small arms fire on 2 September 1967.
7. The applicant provided a statement from his daughter, which indicated that the applicant had been reluctant to talk about his service in Vietnam until one day when his closest friend visited. It was after hearing their stories about Vietnam that she learned the applicant had been wounded.
8. The applicant provided a statement from a fellow Soldier, David N___, who stated:
I, David N___, served with (the applicant) in Vietnam. I was there when the Captain told Larry he was getting the Purple Heart award. This was in Pleiku. We both new (sic) Robert S___ who was killed that day. The V.A. can look that up for proof.
9. Army Regulation 600-8-22 (Military Awards) states 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.
2. It is acknowledged that Robert S___ was killed on the same date that the applicant contends he was wounded. However, the fact that Robert S___ was killed is not confirmation that the applicant was wounded. David N___ did not state that he was an eyewitness to the incident in which the applicant contends he was wounded.
3. The available evidence of record fails to corroborate the applicants contention. His DA Form 20 does not show he was wounded. He signed this document in August 1968, a month after he returned from Vietnam when it should have been a relatively easy matter to confirm his wounding. His service medical records might confirm his being treated for wounds received as a result of hostile action on 2 September 1967; however, his service medical records are not available.
4. Regrettably, there is still insufficient evidence that would warrant awarding the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__jpi___ __ena___ __dkh___ 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 AR20050010548 dated 23 March 2006.
__John P. Infante_____
CHAIRPERSON
INDEX
CASE ID
AR20070012875
SUFFIX
RECON
DATE BOARDED
20080131
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
107.0015
2.
3.
4.
5.
6.
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