IN THE CASE OF:	

		BOARD DATE:	11 June 2009  

		DOCKET NUMBER:  AR20090002480 


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 for his earlier request for award of the Purple Heart and a second award of the Bronze Star Medal.

2.  The applicant states that he was struck by lightning in the Republic of Vietnam on 16 May 1968 and that he has two awards of the Bronze Star Medal.

3.  The applicant provides an undated self-authored statement, received on 23 January 2009; and a self-authored book titled "Killed in Action-Struck by Lightning," dated February 2008, 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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080013664, on 17 November 2008.

2.  The applicant submitted a new argument in the form of a self-authored statement, received on 23 January 2009, and a self-authored book titled "Killed in Action-Struck by Lightning" published in February 2008, 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 was inducted into the Army of the United States on 19 October 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was honorably released from active duty on 13 August 1968 in the rank/grade of specialist five (SP5)/E-5 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  The applicant's records further show that he served in the Republic of Vietnam from on or about 5 December 1967 through on or about 8 August 1968. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 20th Infantry, 11th Infantry Brigade.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Campaign Medal, Combat Medical Badge, and two overseas service bars.

6.  On 8 April 2009, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added award of the Bronze Star Medal, Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

7.  In his self-authored statement, received on 23 January 2009, the applicant presents the following argument:

	a.  with respect to the Bronze Star Medal, he was presented with his first Bronze Star Medal by Lieutenant Colonel E- B---- at his base of operations at Duc Pho in the Republic of Vietnam.  He adds that he has two awards of the Bronze Star Medal and that he would continue with his efforts to locate some indication for a justification of the second award; and

	b.  with respect to award of the Purple Heart, he states that it is not just as the medical record from the Veterans Administration says that he was hit by lightning, it is also what it does not say that troubles him.  There is no indication of vital signs, temperature, pulse, respiration, the evacuation, diagnosis or prognosis.  These are standard military procedures and the document seems to indicate that none was followed.  He adds that the injuries on his right hand and above the left knee are still apparent today even though they were more likely than not bandaged or in the scar-healing process at the time of being struck by 

lightning.  He further adds that the indication on the casualty report received from the National Archives clearly states his status as "24-hostile wounded in action, not serious, not hospitalized."  This is an indication that the unknown author saw injuries that did not warrant hospitalization but were definitely related to his being wounded in action.  This would be requisite for award of the Purple Heart.

8.  The applicant submitted a copy of a self-authored book, published in February 2008 under the title "Killed in Action-Struck by Lightning."  In this book, the applicant chronicles his personal experiences before, during, and after his military service.  He provides a reflection based on his recollection of events beginning with his family life, upbringing, and marriage.  He then describes his induction and early military life at Fort Sam Houston, TX, and Hawaii.  He also describes in vivid details his experience in the Republic of Vietnam, including the time he and other men were defending their hill from a strong enemy attack, when he was struck by lightning during a thunderstorm, left unconscious and was presumed dead, and was later revived by medical personnel.  

9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart and he states he has a second award of the Bronze star Medal. 

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  
3.  The fact that the applicant was hit by lightning is not in question.  However, being struck by lightning has never entitled a Soldier to an award of the Purple Heart.  Accidental wounding not related to or caused by enemy action does not meet the eligibility criteria for award of the Purple Heart.  In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base any awards of the Purple Heart in this case.

4.  With respect to an additional award of the Bronze Star Medal, the applicant’s record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded a second award of the Bronze Star Medal.  Furthermore, there is no evidence in the available record and the applicant did not submit any substantiating evidence that shows the specific heroism or meritorious achievement or service that led to awarding him a second award of the Bronze Star Medal.

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 AR20080013664, dated 17 November 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)                                         AR20090002480



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ABCMR Record of Proceedings (cont)                                         AR20090002480



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