RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 April 2008
DOCKET NUMBER: AR20080002195
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:
M
Chairperson
M
Member
M
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 denial for award of the Purple Heart.
2. The applicant states, in effect, that he is submitting new evidence not considered in his previous decision. He provides statements of support from fellow Soldiers who served with him in the Republic of Vietnam (RVN).
3. The applicant provides three statements of support.
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 AR20070000805, on 21 June 2007.
2. The applicant provided three letters of support from fellow Soldiers who served with him in the RVN. One of the statements was considered in the previous ABCMR decision. The two remaining statements indicate that during an enemy attack, the electrical generators were blown up. The applicant was attempting to get to his assigned bunker, in complete darkness, and he broke his leg. The applicant was sent to the "8th Med" and while in recovery, the commander of the 5th Transportation Terminal awarded him the Purple Heart. However, the citation documenting the award was either not filed properly or slipped through the cracks.
3. Although a statement attesting to these similar facts was previously considered, that statement did not describe the nature of the applicant's wound. One of the new statements submitted by the applicant reveals that he broke his leg while trying to enter a bunker in the dark when his unit came under enemy attack.
4. The applicant's service medical records were not available for review.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests reconsideration of his earlier denial for award of the Purple Heart.
2. Regrettably, the new evidence does not meet the regulatory requirements for award of the Purple Heart. The applicant still has not provided sufficient evidence that he was wounded as a result of hostile action or treated for such wounds. Although the applicant has provided two new supporting statements indicating that he broke his leg on the way to a bunker during an enemy attack, there is no corroborating evidence in his official record. The statements alone are insufficient evidence to support award of the Purple Heart.
3. 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. However, the denial of this award does not diminish the value of the applicant's service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__rml___ __gjp___ __swf___ 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 AR20070000805, dated 21 June 2007.
RML
______________________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002195
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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