IN THE CASE OF:	  

		BOARD DATE:	  26 March 2009

		DOCKET NUMBER:  AR20090002488 


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, through a Member of Congress, reconsideration of his earlier petition to be awarded the Purple Heart (PH).

2.  The applicant states to his Member of Congress, in effect, that he is having problems receiving the PH and since the Board denied his request he has obtained statements in his behalf from his buddies.  

3.  The following documents were submitted in support of this request: Privacy Act statement, undated; House of Representatives letter, dated 21 November 2008; Army Human Resources Command (AHRC) letter, dated 6 November 2008; two third-party support statements; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); DD Form 215 (Correction to DD Form 214); and a DA Form 20 (Enlisted Qualification Record).

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 AR20050015361 on 8 June 2006.

2.  During its original review of the applicant's case, the Board found no evidence of record that showed the applicant was wounded or injured as a result of enemy action, or that he was ever recommended for or awarded the PH by proper authority while serving on active duty.  

3.  The applicant provides two third-party statements from individuals who indicate they served with him in the Republic of Vietnam (RVN) as new evidence. These statements indicate the applicant was wounded in his right knee when sappers threw satchel charges and grenades into their perimeter during combat in the RVN on 26 August 1968.

4.  The applicant's DA Form 20 shows he served in the RVN from 24 May 1968 to 22 May 1969.  Item 40 (Wounds) is blank and the PH is not included in the list of authorized awards contained in Item 41 (Awards and Decorations).

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains no orders, or other documents that indicate the applicant was ever recommended for or awarded the PH by proper authority while serving on active duty.  The MPRJ is also void of any medical treatment records indicating the applicant was ever treated for a combat related wound or injury.  

6.  The DD Form 214 the applicant was issued on 12 December 1969, the date of his release from active duty (REFRAD), does not include the PH in the list of authorized awards contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

7.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The applicant's name was not included on this casualty list.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made was received as a direct result of, or was caused by enemy action, the wound required treatment by a medical personnel.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconsideration request and the supporting witness statements he provided were carefully considered.  However, by regulation in order to support award of the PH there must be evidence confirming not only that 
the wound for which the award is being made was received as a result of enemy action, but also that it required treatment by medical personnel, and a record of this treatment must have been made a matter of official record.  

2.  Although the third-party statements indicate the applicant received a wound to his knee during combat action in the RVN, there is no evidence of record corroborating this information, and there are no medical treatment records on file or provided by the applicant that show he was ever treated for a combat-related wound while serving in the RVN.  Further, Item 40 of his DA Form 20 is blank, which indicates he was never wounded in action and Item 41 does not include the PH in the list of authorized awards entered.  In addition, his name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  

3.  Absent any evidence of record to corroborate the information contained in the third-party statements provided by the applicant, or medical treatment records that confirm he was treated for a combat-related wound by medical personnel while serving in the RVN, the regulatory burden of proof necessary to support award of the PH still has not been satisfied in this case.  As a result, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to grant the requested relief at this late date.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement or that would support amendment of the original Board decision in this case.

5.  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 AR20050015361 dated 8 June 2006.



      _________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)                                         AR20090002488



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ABCMR Record of Proceedings (cont)                                         AR20090002488



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