IN THE CASE OF:	  

		BOARD DATE:	        13 August 2008

		DOCKET NUMBER:  AR20080009009 


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 reconsideration of his earlier request for award of the Purple Heart.  

2.  The applicant states, in effect, that he has attempted to provide documentation to support the incidents which occurred in Vietnam, to include sworn statements from a medic and copies of the Daily Staff Journal or Duty Officer’s Log.  He states that the journal does not mention names of any wounded, medically evacuated personnel, or names of people who performed clerical work for the battalion S-5.  The journal does mention various units that had been under operational control to the 1st Cavalry or the 25th Infantry on certain dates.  He was unable to find any instance where a unit was both assigned to and returned from operational command during November 1968      to December 1968.  He believes he has found many instances of poorly-documented activities and incomplete reports of contact with the North Vietnamese Army (NVA).  He was unable to find information regarding NVA units operating near the 3rd Brigade of the 82nd Airborne Division.  He states that the lack of adequate training in regulations and Army procedures was, in part, the reason that there was no documentation of the incident.  

3.  The applicant provides a sworn statement from a former combat medic in Vietnam with an accompanying certificate for award of the Combat Medical Badge; his personal statements and a sworn statement; and a portion of a Military History section taken at the Portland Vet Center.  


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 AR20070000263 on 18 July 2007.

2.  The applicant has submitted new arguments and evidence that will be considered by the Board.  

3.  The applicant was inducted into the Army of the United States on 19 October 1967.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman).  His highest grade held was specialist four, E-4.  

4.  He was assigned to Vietnam with Company C, 1st Battalion (Airborne), 508th Infantry on 5 April 1968.  He was later reassigned to Headquarters and Headquarters Company, 1st Battalion (Airborne), 505th Infantry in Vietnam.  He departed Vietnam on 22 May 1969.

5.  Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) does not list any wounds received as a result of hostile action.  Item 41 (Awards and Decorations) does not list award of the Purple Heart.  His name is not listed on the Vietnam Casualty Roster.  

6.  There are no medical records in the applicant’s military personnel file to show he sustained wounds as a result of hostile action or to show he was treated for wounds as a result of hostile action.  

7.  The applicant provided statements from a former combat medic with the 82nd Airborne in Vietnam.  During October 1968 to July 1969, he was assigned to Company E as the platoon medic.  He described a night ambush involving three squads, in one of which the applicant was assigned as the radio telephone operator (RTO) for his platoon leader.  They were given permission to open fire on the NVA.  Once the incident was over, the applicant came to him with a gash on his forearm and he bandaged him.  The medic asked the applicant if he wanted to be recommended for a Purple Heart, but he declined.  He would recommend that the applicant receive the Purple Heart for this wound. 

8.  The applicant provided personal statements in support of his claim.  He states he was sent to Vietnam in April 1968 and was assigned to the 3rd Brigade of the 82nd Airborne Division, which was activated after the Tet Offensive Campaign.  On or about 30 September 1968, the 3rd Brigade of the 82nd Airborne Division was re-assigned to an area of operation near Saigon, South Vietnam and had a base camp at Ton San Nhut Air Force Base.  During an operation along Highway 1 in the area of Chu Chi, Hoc Mon, his unit was engaged in activity.  He alleges that he sustained injuries in the form of discharge of blood from his body. At the time of his injury, the medic had taken care of his wound and offered to submit his name for award of the Purple Heart but he asked that his name not be submitted.  

9.  The applicant also provided a sworn statement in support of his claim.  He reiterates that he served with the 3rd Brigade of the 82nd Airborne Division, 1st Battalion, 505th Infantry during his tour in Vietnam from 2 April 1968 to 19 May 1969.  The area of operations for the 3rd Brigade was near Hue/Phu Bai, in I Corps in South Vietnam.  The 3rd Brigade was later in III Corps near the general vicinity of Saigon, Chu Chi, and Tay Ninh.  While on a mission to implement a night defensive position, his squad noticed several NVA personnel walking along a hedgerow in the direction of Highway 1.  He was given instructions to engage the enemy.  During the ensuing exchange of rifle fire, his squad received return fire from the NVA.  After the confrontation had subsided, his company medic noticed blood on his right forearm.  The medic gave him first aid and asked if he would like to be put in for the Purple Heart and he declined.  

10.  The applicant provided a Military History from the Portland Vet Center.  The document states, in part, “He was wounded one time in his arm and received a little medical aid from it….”  There are no names or dates mentioned in this document.  

11.  Army Regulation 600-8-22 (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 required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the applicant.  There are no medical documents which indicate he was wounded as a result of hostile action and his name is not listed on the Vietnam Casualty Roster.

2.  The applicant states that he was wounded while engaged in enemy activity in Vietnam and that he was treated by a medic.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by medical personnel, and the treatment record must have been made a matter of official record.  
3.  However, there is no evidence of record available which verifies he was injured as a result of hostile action.  Therefore, he has not met the requirements for award of the Purple Heart.  

4.  The former medic’s statement was carefully reviewed.  Regrettably, this document alone is not sufficient to meet the regulatory burden of proof necessary to support award of the Purple Heart in this case.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx___  ___xx___  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 AR20070000263, dated 18 July 2007.



      ______xxxx____________
               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)                                         AR20080009009



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ABCMR Record of Proceedings (cont)                                         AR20080009009



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