IN THE CASE OF:	

	BOARD DATE:	  10 June 2008 

	DOCKET NUMBER:  AR20070014952 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request to be awarded the Purple Heart.  

2.  The applicant states, in effect, that he is requesting reconsideration of his request for the Purple Heart because his medical record did not show that he was treated for a wound during his tour in the Republic of Vietnam.  The applicant continues that in June 1969, he was at fire base Lai Khe during the 69 TET Counteroffensive.  The applicant continues that he was performing his repair/maintenance mission when a rocket fire hit the perimeter.  The applicant continues that he got his weapon and started running to the line with replacement ammunition.  The applicant continues that during the attack he was hit with dirt and other projectiles to his face and arms but did not think anything about it.  The applicant adds that "he got cleaned up" but his eye continued to hurt so he went to sick call on 7 June 1969.  The applicant continues that a "foreign body" was found on his cornea which was removed, then ointment and a patch were applied to his eye.  The applicant adds that 24 hours later his eye was watering and he returned for medical care.  

3.  The applicant states that further examination showed there was a "scar with granular opaqueness and an irregular surface."  The applicant states that he was referred to a specialist for evaluation and he remembers he wore a patch over his eye because of sensitivity to light.  


4.  The applicant continues that he has searched for his unit's morning reports at the National Archives and the Record Administration building which provided no additional information.  He adds that he searched for the action reports for fire base Lai Khe and only found incoming and outing going artillery action reports.

5.  The applicant provides a medical record, dated 7 June 1969 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 AR20060012815, on 17 April 2007.

2.  The applicant submitted a Standard Form 600 (Chronological Record of Medical Care), dated 7 June 1969 which was not previously reviewed by the ABCMR, which is considered new evidence and as such warrant reconsideration by the Board.  

3.  The applicant's record shows that he served in the Regular Army during the periods 5 December 1967 through 21 September 1970 when he was honorably released from active duty and transferred to the United State Army Reserve.

4.  There are no general orders in the applicant's records which show he was awarded the Purple Heart.

5.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam during the periods 20 May 1969 through 9 April 1970. Item 40 (Wounds) of the applicant's DA Form 20 is blank.  Item 41 (Awards and Decorations) of the applicant's DA 20 does not show he was awarded the Purple Heart.    

6.  The applicant's name is not listed on the Vietnam Casualty Roster for injuries sustained as a result of hostile action while in the Republic of Vietnam.

7.  The applicant submits a Standard Form 600 (Chronological Record of Medical Care), dated 7 June 1969, which shows that he was treated by the Optometry Clinic for a foreign body in his right eye, and removed from his cornea at the 7 hour position.  The second entry on his medical form shows the doctor treated his eye with antibiotics ointments, a Polymyxin B which is a bactericidal antibiotic, effective mainly against gram-negative organisms, and Bacitracin-Neomycin which is a antibiotic and ointment which helps prevent infection and aids in healing and an eye patch cover for 24 hours.  The third entry on the applicant's medical form shows he had no foreign body sensation or pain but felt like it had water in it.  

8.  The medical form also shows the surface of his eye has a granular opaqueness and irregular surface and he was referred for evaluation and possible patching.  The medical form gives no indication that the treatment of his right eye was the result of, or caused by enemy action.  

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, and the medical treatment must have been made a matter of official record.  This regulation also provided that there is no statue of limitations or requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart and the supporting medical form, dated 7 June 1969, were carefully considered.  However, by regulation in order to support award of the Purple Heart there must be evidence confirming that the wound for which the award is being made was received as a result of enemy action.  

2.  Evidence shows the applicant was treated by the Optometry Clinic for a foreign body in his right eye which was removed from his cornea and treated with several antibiotics ointments on 7 June 1969.  The medical form also shows the applicant would receive follow-up care for granular opaqueness and an irregular surface on his eye.  However, the medical treatment form for this injury does not indicate the injury was caused by enemy action. 

3.  The applicant's name is not included on the Vietnam Casualty Roster, the official Department of the Army list of the Republic Vietnam battle casualties.  Therefore, absent any evidence of record corroborating or that confirms the applicant was wounded as a result of enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has still not been satisfied in this case.  





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  ___X____  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 AR20060012815, dated 17 April 2007.




       _    X____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20070014952



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ABCMR Record of Proceedings (cont)                                         AR20070014952



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