RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 April 2008
DOCKET NUMBER: AR20070018922
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 was put in for the Purple Heart but the paperwork was lost and he just located his medical records.
3. The applicant provided a copy of a page of Standard Form (SF) 600 (Chronological Record of Medical Care) 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 AC98-06959 dated 15 July 1998.
2. The applicant submitted a copy of one page of his SF600, chronological record of medical care, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The SF600 dated 7 January 1971, shows this entry on the form: "67th EVAC HOSP ANNEX 96238. Cut on forehead, received last night on this date 7 JAN 71, the applicant was hit when a pieace (corrected as piece) of board flew off the building, had about a 3 inch scratch. I C----s J---s L------e, 2---------0 of the 67th EVAC HOSP Annex 96238 applied the treatment."
4. 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.
5. Item 9 (Awards, Decorations, and Campaigns) of the DA Form 2-1 (Personnel Qualification Record) does not show award of the Purple Heart. Item 27 (Remarks) also does not show any entries for wounds received.
6. There are no general orders in the applicant's records to show he was awarded the Purple Heart and his name does not appear on the Vietnam Casualty Roster.
7. 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
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 that the applicants a head injury was sustained while under enemy attack. In the absence of such evidence, there is insufficient basis to grant award of the Purple Heart in this case.
3. Finally, the applicant's name is not included on the Vietnam Casualty Roster, the official list of RVN battle casualties. Absent any evidence of record confirming the applicant was wounded in action or treated for a combat-related wound while serving in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
JS_____ WDP____ LCB_____ 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 AC98-06959 dated 15 July 1998.
_______J S________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018922
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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