IN THE CASE OF:	  

		BOARD DATE:	  18 February 2009

		DOCKET NUMBER:  AR20080016467 


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 request for addition of the Purple Heart to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was presented the Purple Heart award and medal while he was still in Vietnam outprocessing and is attaching his certificate for the Purple Heart.  He also states, in effect, that he has been granted service-connected disability for fragment wounds to his left thigh and right foot from the Department of Veterans Affairs (VA).  He is also attaching their letter, which was not previously considered by the Board.  He further states that these wounds were incurred in Vietnam on 13 April 1970, when he was serving with Company C, 1st Battalion, 327th Infantry.  He spent approximately 3 weeks at the aid station for treatment.  He was sent to the field and his wounds became infected and he was returned to Phu Bai for treatment at the field hospital there. There should be documentation in the records at these locations as well as this should be more than sufficient documentation to support this award in the appropriate files of the Division and at the VA.  

3.  In support of his request for reconsideration, the applicant provides copies of an award certificate for the Purple Heart, his DD Form 214, and his VA Rating Decision.




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 AR20080004972, on 16 September 2008.

2.  The applicant resubmits a copy of an award certificate, dated 11 December 1970, that shows he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 13 April 1970.  The VA Rating Decision is new evidence that will be considered by the Board.

3.  There are no orders in the applicant’s service personnel record that show he was awarded the Purple Heart during his period of service in the Republic of Vietnam.  There is also no evidence in his record that shows he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations).

4.  The Vietnam Casualty Roster does not show the applicant’s name and there are no medical treatment records available to show how or when he might have been wounded or injured.  

5.  A current review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) of the records of the applicant's units for the time frame the applicant served in Vietnam was conducted.  This review again failed to show that any orders were published authorizing award of the Purple Heart to the applicant.

6.  The applicant submits a copy of his VA Rating Decision, dated 11 November 1996, that shows the VA granted him 10 percent service-connected disability for a fragment wound, left thigh, effective 1 July 1996.  

7.  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 regulation governing award of the Purple Heart specifically states that in order to support award of the Purple Heart, there must be evidence confirming
that the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  The evidence of record contains no orders, or other documents confirming that the applicant's injury was caused by his participation in direct or indirect combat operations while serving in Vietnam, that he received treatment by a medical personnel, and that a record of medical treatment for wounds or injuries received in action was made a matter of official record at the time.  The evidence also does not show he was ever recommended for or awarded the Purple Heart by proper authority.  Therefore, absent corroborating evidence confirming the applicant's account of how he received his injury (medical documentation, chain of command supporting letters, etc.), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

3.  The applicant's desire to have the Purple Heart added to his DD Form 214, having qualified for service-connected benefits from the VA is acknowledged; however, award of the Purple Heart cannot be granted solely because the applicant was granted service-connected benefits from the VA.  The criteria for award of the Purple Heart specified in the applicable regulation must be met in order that an award of the Purple Heart can be made.  The copy of the certificate for the Purple Heart resubmitted by the applicant is insufficient to form a basis for his entitlement to award of the Purple Heart and its addition to his DD Form 214. 

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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 AR20080004972, dated 16 September 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)                                         AR20080016467



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ABCMR Record of Proceedings (cont)                                         AR20080016467



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