IN THE CASE OF:	  

		BOARD DATE:	        6 November 2008

		DOCKET NUMBER:  AR20080010561 


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 that he had and continues to have Post Traumatic Stress Disorder (PTSD); he has been hospitalized at the Department of Veterans Affairs (DVA) hospital in New Orleans, Louisiana; and that he was in no condition at the time to be aware of or concerned with the Purple Heart.  He goes on to state that he has also developed Type II Diabetes from Agent Orange, a condition that has recently gotten worse and requires him to take daily insulin injections.  He concludes that when the country called him, he did not hesitate to serve.  The Board should, therefore, do the right thing and award him the Purple Heart.

3.  The applicant provides a copy of a psychological evaluation report, dated 13 September 1996; and a statement of his DVA case in appealing the DVA Rating Decision, dated 19 December 1994, in support of his application.

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 AR20070018414, on 10 April 2007.

2.  The applicant submitted a copy of a psychological evaluation report, dated 13 September 1996; and a statement of his DVA case, dated 19 December 1994, which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's records show that he was inducted into the Army of the United States on 22 May 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty on 21 May 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  The highest rank/grade he attained during this period of military service was specialist four (SP4)/E-4.

4.  The applicant's records further show he served in the Republic of Vietnam from 8 November 1968 to 24 June 1969.  He was assigned to Company C, 8th Infantry, 4th Infantry Division.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as corrected by a DD Form 215 (Correction to the 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 with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Second Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60).  The applicant's DD Form 214 or DD Form 215 does not show award of the Purple Heart.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.  Additionally, Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.

7.  The applicant’s records do not contain general orders awarding him the Purple Heart.

8.  The applicant's name is not shown on the Vietnam Casualty Roster.

9.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.

10. The applicant’s available medical records do not show he sustained any wounds or injuries as a result of hostile action or show he was treated for wounds or injuries sustained as a result of hostile action.

11.  On 25 March 1970, the applicant was issued a temporary physical profile as a result of a healing fracture in his right ankle.  Furthermore, on 2 April 1970, he underwent a separation medical examination, during which the military doctor completed a Standard Form 88 (Report of Medical Examination) and remarked that the applicant had an old ankle fracture.

12.  The applicant underwent a psychological evaluation from 3 September 1996 to 6 September 1996.  The final report, dated 13 September 1996, shows he was diagnosed with chronic and severe PTSD, major depressive disorder, and arthritis.  The staff clinical psychologist remarked that during the interview, the applicant stated that around May 1970, his bunker was hit with a mortar round and that falling debris crushed his ankle and that he was sent to Japan for treatment.

13.  The applicant submitted a copy of the statement of the case in his appeal of the DVA Rating Decision, dated 19 December 1994.  In the summary of evidence and adjudicative actions, a DVA analyst states, in effect, that the applicant’s story regarding falling debris causing a fracture to his right ankle is considered supportive evidence that he participated in a stressful episode.

14.  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 and 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 military medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant’s psychological evaluation report, it appears that the staff clinical psychologist simply restated what the applicant communicated to him during the interview regarding his injury.  However, although the applicant’s ankle injury is not in question, there is no evidence that his ankle injury resulted from enemy action.

2.  With respect to the statement of the case in his appeal to the DVA rating decision, again, it appears that the DVA analyst determined the applicant’s exposure to stress; however, he neither suggested nor indicated that the applicant was wounded or injured as a result of hostile action.  

3.  There are no general orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records that show he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of documentation that shows he 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.

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 AR20070018414, dated 10 April 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)                                         AR20080010561



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ABCMR Record of Proceedings (cont)                                         AR20080010561



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