RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 April 2008
DOCKET NUMBER: AR20070017558
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Mr. Joe R. Schroeder
Member
Mr. Larry W. Racster
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 for wounds received in the Republic of Vietnam.
2. The applicant states, in effect, that the Boards response to his request for award of the Purple Heart is incorrect and offensive given the fact that he had witnesses who stated that he had been wounded. He further states that these men did not lie for him, and he did not lie. One of the things that most office people do not understand is that they did not have the benefit of sitting down and writing pretty reports. His Guard unit was an untested, inexperienced group of about 800 men who were only thinking about protecting each other and trying not to get killed in the next 72 hours. The applicant states that after the incident [battle of 10 October 1968] his battalion underwent a complete reorganization. [The unit was broken up and assigned to different locations to prevent an entire loss of Soldiers from the same community.]
3. The applicant also states, in effect, that when the Vietnam Veterans returned home they were treated like "bastard children," including him. He tells of when he went to the Department of Veterans Affairs (VA) to have a tooth replaced that was pulled during his tour of duty in the Republic of Vietnam and how the VA refused to even talk about it because there was no Army dental record showing that it was pulled.
4. The applicant provides no supporting documentation.
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 AR20070002565, on 28 June 2007.
2. The applicant does not provide any new evidence but does offer additional arguments for consideration.
DISCUSSION AND CONCLUSIONS:
1. The applicants records and initial request for award of the Purple Heart, with all supporting documents, have been carefully reviewed. Paragraphs 8 and 9 of the CONSIDERATION OF EVIDENCE, in the Boards proceedings of 28 June 2007, shows that the applicant sustained superficial shrapnel wounds to his left hand that required only field first aid treatment. A review of the archived records failed to produce any substantiating evidence showing that he received any medical treatment for these wounds.
2. The sincerity of the applicants claim and the validity or accuracy of the witness statements are not in doubt. However, these statements alone are insufficient to meet the regulatory provisions that require treatment by medical personnel and a record of that treatment.
3. The applicants new argument provides a very clear understanding of the circumstances that may have hindered the field medic from making and/or filing a record of the medical treatment; however, the situation described does not meet the criteria for award of the Purple Heart.
4. In view of the above, the applicants request for reconsideration should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_JRS __ __LE ___ _LWR ___ 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 AR20070002565, dated 28 June 2007.
_____ Lester Echols _____
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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