RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 7 February 2008
DOCKET NUMBER: AR20070014478
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. William D. Powers
Chairperson
Ms. Rose M. Lys
Member
Mr. Qawiy A. Sabree
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 earned this award and that his paperwork was lost.
3. The applicant provides an undated self-authored statement in support of his application.
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 AR 20070003512, on 30 August 2007.
2. The applicant submitted an undated self-authored statement, describing how he was wounded, 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 records show that he was inducted and entered active duty on 20 May 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). The highest rank he attained during his military service was specialist four (SP4)/E-4. He was honorably discharged and transferred to the U.S. Army Reserve Control Group (Annual Training) on 31 May 1968.
4. The applicant's records also show that he served in the Republic of Vietnam during the period 13 December 1966 through 9 December 1967. He was assigned to Company A, and then Headquarters and Headquarters Company of the 2nd Battalion, 39th Infantry Regiment, 9th Infantry Division.
5. Item 24 (Decoration, 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. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any entries for wounds received. Item 41 (Awards and Decorations) does not show award of the Purple Heart.
7. There are no general orders in the applicant's records to show he was awarded the Purple Heart.
8. The applicant's name does not appear on the Vietnam Casualty Roster.
9. The applicant provided an undated self-authored statement describing how he was wounded. He states that he was hurt that his request for the Purple Heart was denied when he was "five feet under ground with logs and dirt on me and that he had cuts and wounds, not just physically, but also mentally. He can still hear the shovels digging away to reach me and holding my breath waiting for that opening. He will never forget seeing that beam of light coming down when the ground opened up and gasping for air with tears in my eyes." He concludes that the Purple Heart means everything to him and that it is part of his healing process.
10. Army Regulation 672-5-1 (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 been treated by a medical officer, and the medical treatment must have been made a matter of official records. This regulation also provides that there are no time limitations for requests for award of the Purple Heart
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to award of the Purple Heart.
2. There are no general orders that show the applicant was awarded the Purple Heart. There is no evidence in his records that shows that he was wounded or injured as a result of hostile action or treated for such wounds. 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.
3. The sincerity of the applicant's testimony of the events that led to his injury is not doubted. However it is insufficient as the sole basis for an award of the Purple Heart. It does not fulfill the regulatory requirement that there be a record of hostile action, medical treatment, and record of that treatment.
4. 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
__wdp___ __rml___ __qas___ 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 AR20070003512, dated 30 August 2007.
William D. Powers
______________________
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.
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