IN THE CASE OF:	  

		BOARD DATE:	        30 APRIL 2009

		DOCKET NUMBER:  AR20080019617 


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 an earlier appeal that his records show award of the Purple Heart. 

2.  The applicant states, in effect, that he sustained a injury to his back from mortar fire while serving in Vietnam.  He argues that the address on a envelope he provides will show the time he was hospitalized.  The applicant further states that he is currently receiving 20 percent service connected disability.

3.  The applicant provides an envelope with a post cancellation date of 
10 November 1968.

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 AR20080007592, on 17 July 2008.

2.  The applicant's contentions are new arguments which will be considered by the Board.  In addition, all the evidence provided is new evidence which will be considered by the Board. 



3.  The applicant was inducted into the Army on 5 September 1967 and successfully completed basic combat training and advanced individual training.  He was awarded MOS 13A (Field Artillery Basic).

4.  The applicant arrived in the Vietnam and was assigned to B Battery, 4th Battalion, 42nd Artillery, 4th Infantry Division on or about 23 March 1968.  

5.  A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 1 November 1968, indicates that on 19 October 1968, the applicant went into an ammunition bunker and the bunker accidently collapsed from the weight of wet sand bags, pinning him inside and injuring his back.  He was treated at the 568th Medical Company and medically evacuated to the 106th General Hospital, Yokohama, Japan.

6.  Following completion of his treatment, he did not return to Vietnam, but was transferred to the Republic of Korea (ROK) and assigned A Company, U.S. Army Area Support Command (ASCOM) Depot.  On or about 8 April 1969, he departed the ROK.

7.  The applicant provided a post stamped envelope, dated 10 November 1968.  The envelope indicates that the applicant mailed a letter to a relative living in Benton, Arkansas.  The return address on the envelope shows he was assigned to the 106th General Hospital.

8.  A DA Form 8-274 (Medical Condition - Physical Profile Record), dated 
2 December 1968, shows the applicant was issued a temporary profile for "Compression Fracture, T12" which expired on 30 January 1969.

9.  On 11 April 1969, he was honorably released from active duty and transferred to the U.S Army Reserve Control Group.

10.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 11 April 1969 covers his service in Vietnam.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons or Authorized) does not show award of the Purple Heart.  







11.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There also is no evidence in his service personnel records that shows that he was treated for wounds as a result of hostile action in Vietnam.  The applicant's name is not listed on the Vietnam Casualty Roster.  

12.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.  

13.  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.  Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or  caused by enemy action are examples of injuries or wounds which clearly do not qualify for award of the Purple Heart. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart was carefully considered.  He provided a envelope post dated 10 November 1968, which confirms he was assigned to the 106th General Hospital for treatment.  However, evidence of record shows during that period he was being treated for a back injury caused by a bunker accidently collapsing on him.  

2.  By regulation, accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action are examples of injuries or wounds which clearly do not qualify for award of the Purple Heart.  

3.  Regrettably, the evidence provided by the applicant does not confirm he was injured in action.  His record is void of any documentary evidence that shows he was treated for a wound sustained in action.  His name is not included on the Vietnam Casualty Roster.

4.  Lacking any corroborating evidence of record showing that the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

In regards to the applicant’s request for reconsideration for adding the Purple Heart to his military records, 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 AR20080007592, dated 17 July 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)                                         AR20080019617





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ABCMR Record of Proceedings (cont)                                         AR20080019617



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