IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080009119
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 states, in effect, that he has a rather noticeable scar in the center of his forehead which used to be covered by hair, but now that he is bald, it shows. It is approximately 1.5 inches across. He was running for a revetment during a mortar attack on 31 July 1968 at Camp Holloway, Republic of Vietnam (RVN), when shrapnel lacerated his forehead. There is a notation in his service medical records (SMRs) of treatment at 8th Field Hospital for this combat related shrapnel injury. He asks the Board to locate the records from the hospital. He remembers standing in formation and being congratulated on award of the Purple Heart, but he was not given any orders and told that the orders would be forthcoming. It was a very chaotic time and it is not surprising that the incident was not formalized.
3. The applicant provides a self-authored statement.
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 AR20070014264, on February 26, 2008.
2. The applicant served in the Regular Army from 21 August 1967 through
3 April 1970. He served in the RVN from 16 March 1968 through 2 April 1970. He performed duties as a crew chief with the 201st Aviation Company.
3. A review of the applicant's SMRs for 31 July 1968 at 8th Field Hospital shows the notation "Laceration forehead sutured with 5-0 nylon." This entry does not show how the applicant sustained the laceration or whether it was the 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, and the medical treatment must have been made a matter of official record. This regulation further states that there is no time limit on submission of requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. In order to be entitled to award of the Purple Heart, the applicant must show that he was wounded or injured as a result of hostile action or treated for such wounds. The evidence in his SMRs clearly shows that he sustained a laceration to the forehead which required suturing. However, the evidence does not show whether the applicant sustained the laceration as a result of hostile action.
2. In the absence of evidence that the applicant 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. Although the applicant's contentions were carefully considered, there must be corroborating evidence to show his injury was sustained as a result of hostile action. Absent this corroborating evidence, there is no basis to change the Board's previous decision.
3. 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
____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 AR20070014264, dated 26 February 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.
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