IN THE CASE OF:
BOARD DATE: 23 December 2008
DOCKET NUMBER: AR20080013139
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 the Army Board for Correction of Military Records (ABCMR) for award of the Purple Heart.
2. The applicant states, in effect, that he should be reconsidered for award of the Purple Heart based on arguments he presents in a self-authored letter with explanations.
3. In his self-authored letter, the applicant's argues that paragraph 4 on page 5 of his previous board proceedings, which states he did not receive medical treatment, was not quite accurate, especially if you considered the in-battle bandage and assistance offered by his fellow squad member, etc. A copy of his affirmation of the event was included but he was not sure how much if any weight was given for this evidence. He states that he did not feel that in 1968 that this wound would have merited much attention especially when others were dying, etc. So comparatively speaking, he agreed that it would be minor and maybe he should have demanded that he be included in the medical evacuation but that would have been ridiculous, or so he thought.
4. The applicant provides no additional documentation besides his self-authored letter with explanations in support of his 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 ABCMR in Docket Number AR20070015964, on 25 March 2008.
2. The applicant provides a new argument that will be considered by the Board.
3. In his previous case, the Board concluded that, combining the applicant's personal statement that he did not receive medical treatment for a traumatic injury to his ear(s) and there being no evidence of any abnormalities on his separation physical, there was insufficient evidence to warrant his request for award of the Purple Heart.
3. The previous consideration of the applicant's case indicated that his service medical records were believed to be on permanent loan to the Department of Veterans Affairs and were not available for review. Those records are still not available for review.
4. The applicant was inducted and served on active duty from 25 May 1966 through 17 May 1968. He served in Vietnam for 3 months, from 14 February 1968 through 8 May 1968, with Company B, 1st Battalion, 505th Infantry Regiment.
5. A copy of a medical examination conducted at the time of the applicant's release from active duty does not indicate any findings of eye or ear problems.
6. 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, and the medical treatment must have been made a matter of official record.
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's new argument was considered by the Board. However, there is no evidence, and the applicant has provided none, to show that he was wounded as a result of hostile action while serving in Vietnam. His previous board proceedings clearly indicated that his service medical records were believed to be on permanent loan to the Department of Veterans Affairs and were not available for review. Those records are still not available.
3. The document presented in support of his request for reconsideration is not sufficient as a basis to award the Purple Heart to the applicant.
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 AR20070015964, dated 25 March 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) AR20080013139
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ABCMR Record of Proceedings (cont) AR20080013139
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