RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 January 2008
	DOCKET NUMBER:  AR20070013194 


	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:


Mr. John 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 that he sustained a gunshot wound in the lower right leg while serving in the Republic of Vietnam.

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

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 2 October 1968.

	b.  Letter, dated 16 November 2000, Military Awards Branch, U.S. Total Army Personnel Command, Alexandria, Virginia, denying award of the Purple Heart.

	c.  Letter, dated 2 June 2000, National Personnel Records Center, Review of Medical Records.

	d.  DA Form 2173 (Statement of Medical Examination and Duty Status), dated 28 February 1968.

	e.  DA Form 8-275 (Clinical Record Cover Sheet), dated 2 February 1968.

	f.  DA Form 2-875-3 (Clinical Record Cover Sheet), dated 2 February 1968.

	g.  Standard Forms of Clinical Record Narrative Summery in January and February 1968.

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 AR1999015069, on 7 October 1999.



2.  The applicant submitted a copy of his Statement of Medical Examination and Duty Status, Clinical Record Cover Sheet, and Clinical Record Narrative Summary, 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 in the Army of the United States on 19 October 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31N (Tactical Circuit Controller).  The highest rank he attained during his military service was sergeant/E-5 (Temporary).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 2 October 1968.

4.  The applicant's records show that he served in the Republic of Vietnam during the period 5 October 1967 through 30 September 1968.  He was assigned to Company E, 43rd Signal Battalion.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.

6.  There are no orders in the applicant’s 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.  The applicant's DA Form 2173 shows that he sustained a gunshot wound to his right leg in the company area on 19 January 1968 when he was shot by another man who was cleaning his weapon in the Republic of Vietnam.  He was admitted at the 8th Army Field Hospital on 21 January 1968.  After treatment with sutures, he was subsequently released to his unit on 25 January 1968. 

10.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

CONCLUSIONS:

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

2.  Evidence of record shows that the applicant's gunshot wound took place in the company area, during routine weapons maintenance, and not in the heat of battle or while the "friendly" projectile was released with full intent of inflicting damage on enemy troops or equipment. 

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

___ji___  __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 AR1999015069, dated 7 October 1999.




							John Infante
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.