RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 February 2008 
	DOCKET NUMBER:  AR20070014880 


	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.  Rial D. Coleman

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 previous request for award of the Purple Heart.

2.  The applicant states, in effect, that he should be awarded the Purple Heart based upon the fact that his neck and leg were injured as the result of shrapnel from a rocket attack in the Republic of Vietnam.  The applicant continues that he was not previously awarded the Purple Heart because, due to the nature of combat, it was not possible for him to seek medical attention and fill out paperwork that would have been filed in his medical records.  The applicant concludes that he has been attempting to rectify this oversight since he discovered the discrepancy in 1969.

3.  The applicant provides, through his Congressman, a previously considered transcript of an audio tape recording he sent to his mother on or about 
23 December 1968 and a Decision Memorandum from the United States Court of Appeals for Veterans Claims as documentary evidence in support of this 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 AR20060008609, on 25 January 2007.

2.  The applicant provides new evidence in the form of a Decision Memorandum rendered by the U.S. Court of Appeals for Veterans Claims which a judge determined that he was eligible for combat veteran status which was not previously reviewed, therefore, it is considered new evidence and as such warrants consideration.  The Decision Memorandum shows the Judge based his determination upon the history of the applicant's unit of assignment and awards that were presented to other Soldiers assigned to his unit during his period of assignment including:  a Silver Star, 2 Legion of Merits, 5 Bronze Stars Medals with Valor Device, 37 Bronze Star Medals, 12 Air Medals, 8 Purple Hearts, and 
8 Crosses of Gallantry.  The Decision Memorandum was rendered in response to the applicant's claim for Veterans' benefits associated with Post Traumatic Stress Disorder.


3.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 July 1970 shows that he enlisted into the Army on 15 November 1966.  He completed basic and advanced individual training and was awarded the military occupational specialty of 
76A (Supply Clerk).  The applicant also served in the military occupational specialty of 76P (Stock Control & Accountability Specialist).  The highest rank he achieved was specialist/pay grade E-4.

4.  Block 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) for his period of service ending on 2 July 1970 shows he served in the Republic of Vietnam during the period 28 September 1968 through 27 September 1969.  Block 40 (Wounds) is blank.  Block 41 (Awards and Decorations) does not show award of the Purple Heart.

5.  Block 38 (Record of Assignments) of the applicant's DA Form 20 does not show that he was ever in a patient status.

6.  The applicant's name does not appear on the Vietnam Casualty Roster.

7.  There are no orders in the available records which show the applicant was awarded the Purple Heart.

8.  Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 2 July 1970 does not show award of the Purple Heart.

9.  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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

10.  The applicant provides a previously considered transcript of an audio tape recording he sent to his mother on or about 23 December 1968.  In this transcript, the applicant mentions that while driving in a Jeep as they returned to their compound from a beer run, he and two other individuals were wounded by shrapnel from a rocket attack.  The applicant continued that he took evasive driving measures, but there is no mention of either seeking or receiving medical attention.  The applicant also stated, "The guy in the back (of the Jeep) got shrapnel in his leg…Sergeant (front passenger's name) still has a scar from where he got hit, and I got hit in the neck and leg.  And we're all doin' pretty good now.  Just a little mark left…"  The transcript shows one of the passengers in the Jeep was present during the recording of the tape.  The passenger's comments made light of the situation, but were in agreement with those made by the applicant.

11.  Review of the applicant's records show the administrative actions previously recommended by the Army Board for Correction of Military Records regarding his entitlement to additional awards and decorations that are not shown on his 
DD Form 214 were accomplished and documented on a DD Form 215 (Correction to DD Form 214), dated 20 July 2007.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was wounded in the Republic of Vietnam and should be awarded the Purple Heart was carefully considered.

2.  Although the applicant and one of the passengers in his vehicle mention that they and one other individual were wounded by shrapnel from a rocket attack in an audio tape sent to the applicant's mother, there is no corroborating evidence present in the available records which shows that the applicant was wounded as the result of a hostile action or that he sought or received medical treatment for such wounds.

3.  The applicant's contention that the nature of war prevented him from seeking medical attention and having the details of the attack documented is contradicted by evidence contained in the Decision Memorandum rendered by the U.S. Court of Appeals for Veterans Claims in which a judge determined that he was eligible for combat veteran status.  The Decision Memorandum shows that at least 
73 awards, including eight Purple Hearts, were awarded to members of the applicant's unit during his period of assignment.

4.  There are no general orders that show the applicant was awarded the Purple Heart.  Evidence of record does not show the applicant was wounded as a result of hostile action or treated for such wounds.  In fact, the applicant states that he did not seek medical attention for his wounds.  The applicant's name does not appear on the Vietnam Casualty Roster.

5.  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

_QAS_ __  _RML___  __WDP__  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 Docket Number AR20060008609, on 25 January 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.