IN THE CASE OF:
BOARD DATE: 09 SEPTEMBER 2008
DOCKET NUMBER: AR20080009123
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 denial for award of the Purple Heart.
2. The applicant's request for reconsideration is submitted through his Congressman from Tennessee. The Congressman requests reconsideration of the applicant's prior denials for award of the Purple Heart based on the applicant recently locating proof that he was injured and treated at a hospital in Da Nang. He provided copies of his letters to his ex-wife (then wife), dated between
10 - 21 September 1969.
3. The applicant provides copies of letters from his ex-wife.
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 AR20070004098, on 9 August 2007. The applicant's request for award of the Purple Heart was reconsidered and denied on 26 February 2008.
2. The applicant served in the Regular Army from 23 January 1968 through
22 January 1971. He served in the Republic of Vietnam (RVN) from 1 May 1969 through 6 April 1970.
3. The applicant provided several letters he wrote to his ex-wife from
10 -21 September 1969 while in the RVN. These letters show that he was hospitalized and treated for an injury to his finger. However, these letters do not show that the applicant was wounded as a result of hostile action.
4. 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 provided copies of letters he wrote to his then-wife in September 1969 showing that he was in a hospital in D Nang receiving treatment for an injury to his finger. These letters were not previously considered.
2. In order to be awarded the Purple Heart, the applicant must provide substantiating evidence to verify that a wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. Although it appears the applicant received treatment for an injury to his finger in September 1969, this treatment is not recorded in his medical records and he has failed to provide substantiating evidence that his wound was the result of hostile action. In the absence of evidence showing the wound was the result of hostile action, there is insufficient evidence for award of the Purple Heart.
3. Given the above, the applicant has failed to provide sufficient evidence to warrant a change in the Board's previous decisions. 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
__XXX __ __XXX__ __XXX__ 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 AR20070004098, dated 9 August 2007.
___ XXX ___
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) AR20080009123
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20080009123
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