IN THE CASE OF:	  

		BOARD DATE:	        29 January 2009

		DOCKET NUMBER:  AR20080017877 


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 was never submitted for this award and that he did not pursue the issue at the time due to the death of the aircraft commander.  However, he now needs to apply for medical disability.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 April 1987, and a copy of his Standard Form (SF) 600 (Chronological Record of Medical Care), dated on miscellaneous dates in1967, 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 AR20080009476, on 18 September 2008.

2.  The applicant submitted copies of his chronological record of medical care, dated on various dates in 1967, 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 he initially enlisted in the Regular Army on 20 October 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  His records also show he was honorably discharged on 11 April 1968 for the purpose of immediate reenlistment and reenlisted on 12 April 1968, the day he arrived in the Republic of Vietnam.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 11 April 1968, shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Parachutist Badge.  It does not show award of the Purple Heart.

5.  The applicant's records show he served in the Republic of Vietnam from 12 April 1968 to 2 November 1970.  He was assigned to the 336th Aviation Company, 1st Aviation Brigade.

6.  On 3 November 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had attained the rank/grade of specialist five/E-5 and had completed 4 years and 14 days of creditable active duty service.

7.  Item 24 of his DD Form 214, dated 3 November 1970, shows he was awarded the National Defense Service Medal, the Air Medal, the Army Commendation Medal (1st Oak Leaf Cluster), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Parachutist Badge, and the Aircraft Crewman Badge.  Item 24 does not show award of the Purple Heart.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains a blank entry.

9.  The applicant’s name is not shown on the Vietnam casualty list.

10.  On 6 October 1978, the applicant reenlisted in the Regular Army and served on active duty until his retirement for length of service in the rank/grade of master sergeant/E-8 on 30 April 1987.  He had completed a total of 20 years, 3 months, and 26 days of creditable active duty service.

11.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 6 October 1978, lists his awards as the Meritorious Service Medal, the Air Medal with "V" Device, the Army Commendation Medal with "V" Device (three awards), the Army Achievement Medal (two awards), the Good Conduct Medal (five awards), the National Defense Service Medal, the Vietnam Service Medal, the Noncommissioned Officer Professional Development Ribbon (Numeral 2), the Army Service Ribbon, the Overseas Service Ribbon, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Parachutist Badge, the U.S. Army Recruiter Badge, and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.  It does not show award of the Purple Heart.

12.  The applicant submitted copies of his chronological record of medical care that show he was treated at the 41st Medical Detachment on miscellaneous dates in 1967 for a swollen and/or injured left upper lip and at one time for falling off a truck and injuring his right ankle.  However, there is no indication in this record that those injuries resulted from hostile action.

13.  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.  The applicant's contention that he should be awarded the Purple Heart and the evidence he submitted was carefully considered; however, there is insufficient evidence to award the applicant the Purple Heart in this case.

2.  The applicant's name is not listed on the Vietnam casualty roster and the submitted medical documents do not show he was wounded or injured as a result of hostile action.  In the absence of conclusive evidence to support his contention that he was wounded while in action, the applicant's request for award of the Purple Heart should not be granted.

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 AR20080009476, dated 18 September 2008.


																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)                                         AR20080017877



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ABCMR Record of Proceedings (cont)                                         AR20080017877



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