IN THE CASE OF:	  

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080005303 


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 earlier request to be awarded the Purple Heart (PH), and to receive those awards the Army Board for Correction of Military Records (ABCMR) previously indicated he was entitled to.

2.  The applicant states, in effect, while on patrol serving in the Republic of Vietnam (RVN), he was hit by an artillery round that fell short.  He indicates that he was initially treated for this wound at the 4th Evacuation Hospital and was subsequently transferred to the 67th Evacuation Hospital, where he learned he had and was treated for malaria.  He also recalls having his arm in a sling and not being able to sit due to a rectal cyst.  The applicant further states that a major told him that he would be awarded the PH upon his return to the unit; however, he never returned to his line unit, but was instead transferred to Headquarters to serve in a clerical position in accordance with the policy for those wounded in effect at the time.  

3.  The applicant provides no additional documentary evidence in support of his reconsideration request.  

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 AR20070010545 on 20 December 2007.

2.  During its original deliberations in this case, the Board concluded that there was no evidence of record to show that the applicant was wounded or injured as a result of hostile action, or that he was ever treated for combat-related wounds by military medical personnel.  It also found no orders awarding him the PH.  Therefore, the Board concluded there was insufficient evidence to support the applicant’s claim of entitlement to the PH.  However, the Board did determine the applicant was entitled to the Army Good Conduct Medal (AGCM), RVN Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry Cross with Palm Unit Citation, Presidential Unit Citation, and 2 Overseas Service Bars.

3.  On 5 August 2008, the Army Review Boards Agency, Support Division, St. Louis, in accordance with the findings of the ABCMR, notified the applicant that a request was made for his issuance of all awards to which he is entitled, with the exception of foreign awards, which he could purchase from civilian dealers.  He was also provided the contact agency to consult, should he not receive those awards.  The applicant is advised once again to contact the Commander, SBCCOM, Attention:  Soldier Systems Directorate, 700 Robbins Avenue, Post Office Box 57977, Philadelphia, Pennsylvania  19111-7997, to obtain information regarding the status of the issuance of authorized awards, which were previously requested on his behalf.  As a result, this issue will not be further discussed in these proceedings.

4.  The applicant’s military record shows he enlisted in the Regular Army and entered active duty on 1 April 1966.  It also shows he completed basic combat training at Fort Benning, Georgia, and advanced individual training at Fort Polk, Louisiana.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His record shows he was later reclassified into MOS 71B (Clerk Typist) on 8 November 1967.

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 16 May 1967 through 9 May 1968.  Item 33 (Appointments and Reductions) shows he was promoted to the rank of specialist four (SP4) on 31 August 1967, and this was the highest rank he attained while serving on active duty.  

6.  The applicant's record is void of any orders, or other documents that indicate he was ever recommended for, or awarded the PH by proper authority while serving on active duty.  It also contains no medical treatment records to show that he was ever treated for a combat-related wound during his tenure on active duty.

7.  On 2 January 1969, the applicant was honorably REFRAD.  The DD Form 214 issued to him at that time confirms he completed 2 years, 9 months, and 2 days of active military service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows the applicant earned the following awards during his active duty tenure:  National Defense Service Medal; Vietnam Service Medal with 3 bronze service stars; RVN Campaign Medal; Combat Infantryman Badge; and Expert Marksmanship Qualification Badge with Rifle Bar.  The PH is not included in the list of awards shown on this document, and the applicant authenticated it with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 of the awards regulation contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action.  The wound or injury for which the PH is being awarded must have required treatment by a medical officer, this treatment must be supported by medical treatment records that were made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he met the criterion for the award of the PH has been carefully considered.  However, by regulation, in order to award a PH there must be evidence that a member was wounded or injured as a result of enemy action, received medical treatment by medical personnel for that wound or injury, and that medical treatment must be made a matter of official record.

2.  The evidence of record fails to show that the applicant was ever wounded or injured as a result of enemy action, that he was treated for any combat-related wound or injury, or that such treatment was made a matter of official record.  Further, the applicant’s record is void of any orders, or documents that show he was ever recommended for, or awarded the PH by proper authority while serving on active duty.  

3.  The PH is also not listed on the applicant's DD Form 214, which he authenticated with his signature on the date of his REFRAD.  In effect, his signature was his verification that the information it contained, to include the list of awards, was correct at the time the DD Form 214 was prepared and issued. 
As a result, absent any evidence confirming he was wounded or injured as a result of enemy action, the regulatory burden of proof necessary to support award of the PH has still not been satisfied in this case.  Therefore, there is an insufficient evidentiary basis to support amendment of the original ABCMR decision on this matter.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x ____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 AR20070010545 dated 20 December 2007.

2.  The applicant and all others concerned should know that this action related to award of the PH 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.



      _______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)                                         AR20080005303



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ABCMR Record of Proceedings (cont)                                         AR20080005303



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