IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080005726
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 appeal to be awarded the Purple Heart and to have it added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.
2. The applicant states, in effect, that he attempted to locate three of his military colleagues who witnessed when he was injured by shrapnel in Vietnam but was unsuccessful. Two of his witnesses are now deceased and he could not locate the third.
3. The applicant adds that when asked if he wanted the Purple Heart, he said, "no," because at the time he was young and foolish. He was also unaware that he had only three years to go back and ask for the Purple Heart. He would now like to have the Purple Heart to cherish his tour of duty in Vietnam as he spends his last few years on Earth and to leave it as a lasting memento to his only granddaughter showing how proud he was to give his life if he had to for his country.
4. The applicant provides no additional documentary evidence in support of his request, other than his written request for reconsideration of his original request.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR), in Docket Number AR20070011170, on 10 January 2008.
2. The applicant served in Vietnam from 9 July 1968 through1 July 1969 and was assigned to Company A, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade, of the Americal Division.
3. The applicant alleges to have sustained a shrapnel wound to the head between Landing Zone East and Landing Zone Center while he was in combat in 1969.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded: the National Defense Service Medal; the Vietnam Service Medal, with three bronze service stars; the Republic of Vietnam Campaign Medal; the Combat Infantryman Badge; the Army Commendation Medal; and the Expert Marksmanship Qualification Badge, with Rifle Bar. The Purple Heart is not shown on his DD Form 214 because he alleges to have rejected it being awarded to him when he was asked if he wanted it to be awarded to him. The applicant alleges he rejected the Purple Heart being awarded to him because at the time he was young and foolish.
5. As result of the Board's earlier decision, the applicant was awarded the Army Good Conduct Medal; the Valorous Unit Award; the Republic of Vietnam Gallantry Cross, with Palm Unit Citation; and a fourth bronze service star to be affixed to his Vietnam Service Medal, with three bronze service stars.
6. Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, is blank. It does not show that he sustained a wound to the head from shrapnel as a result of hostile enemy action.
7. There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, showing he was awarded the Purple Heart.
8. Army Regulation 600-8-22 states, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of enemy action. Substantiating evidence must be provided to verify that the wound was the result of hostile
enemy action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
9. In the applicant's current appeal to the Board, he states two Soldiers who witnessed him being wounded in the head by shrapnel are now deceased and he could not locate the third. The only piece of documentary evidence the applicant provided to the Board was his request for reconsideration. He provided no additional evidence.
DISCUSSION AND CONCLUSIONS:
1. To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
2. The applicant provides no additional documentary evidence in support of his request. He indicates that two of his witnesses are now deceased and he could not locate his third witness.
3. There is no evidence, and the applicant provided none to show that he was wounded as the result of hostile action. The applicant's name does not appear on the Vietnam Casualty Listing. There were no entries made in his service personnel records to show he was wounded as a result of hostile action. According to the applicant, he alleges he rejected being awarded the Purple Heart because he was young and foolish; therefore, no orders were published awarding him the Purple Heart if he were wounded in action as he alleges.
4. Based on the lack of substantiating evidence in this case, the applicant is not entitled to award of the Purple Heart and to have it added to his DD Form 214.
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 AR20070011170 dated 10 January 2008.
_______ _ __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) AR20080005726
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