IN THE CASE OF:
BOARD DATE: 27 May 2009
DOCKET NUMBER: AR20090002508
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, in effect, reconsideration of his previous request for award of the Purple Heart.
2. The applicant states, in effect, that the new evidence for the request for reconsideration is a copy of his DA Form 1 (Morning Report).
3. The applicant submitted a copy of a DA Form 1 in support of this 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 AR20080012627, on 23 September 2008.
2. The applicant provided new evidence which merits consideration by the Board.
3. The applicant's DD Form 214 shows that he enlisted in the Regular Army on
4 October 1966. He was awarded military occupational specialty (MOS) 111.00 (Light Weapons Infantryman). The highest rank he attained while serving on active duty was staff sergeant/E-6.
4. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Vietnam (RVN) from 8 April 1967 to 4 April 1968, performing duties in MOS 11B and that during this tour he was assigned to the 1st Battalion, 28th Infantry Regiment. From 15 May 1970 to 16 April 1971, he was assigned to the 572nd Transportation Company performing duties in MOS 64B (Heavy Duty Driver).
5. The applicant submitted a copy of a DA Form 1 dated 27 September 1967, which shows he was assigned to the 1st Battalion, 28th Infantry Regiment and held the grade of specialist (E-4). The DA Form 1 does not show that he was wounded on the date of this report.
6. Section V (Remarks) of the applicants DA Form 2-1 does not show that the applicant was wounded while he was assigned to the RVN.
7. On 31 October 1987, the applicant retired after serving honorably for a total of 21 years and 27 days of active military service. His DD Form 214 shows that he was awarded the following awards: the Army Commendation Medal (Fifth Oak Leaf Cluster), the Army Good Conduct Medal (Sixth Award), the National Defense Service Medal, the Army Service Ribbon, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Combat Infantryman Badge, the Driver and Mechanic Badge/w Driver Bar, the Expert Marksmanship Qualification Badge (Rifle M-16), and the Army Achievement Medal.
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show award of the Purple Heart.
9. The Vietnam casualty roster does not list the applicant as wounded by hostile forces.
10. There are no orders in the applicants service personnel records which show he was awarded the Purple Heart.
11. 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 by medical personnel, and the medical treatment must have been made a matter of official record.
12. The National Archives states that Morning Reports and unit rosters are created by military organizations as part of their personnel and payroll functions. These records are used by the National Personnel Records Center (NPRC) to verify events or assignments which may not be documented in an individual's Official Military Personnel File (OMPF). This is especially important when trying to reconstruct service information when the OMPF has been damaged or destroyed in the 1973 fire. A brief explanation of both types of records and the date span of our collections is listed below. Morning Reports are created each morning, as the name implies. They are an "exception based" system, only containing information on those individuals who are not "Present and Accounted for." Among the reasons for being listed on a morning report are: Promotion or demotion; Being killed, wounded, or missing in action; Being assigned to a unit or leaving a unit; and going to a hospital for treatment or to another activity for training.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to correction of his record to show award of the Purple Heart was carefully considered and found to be without merit.
2. By itself, the Morning Report provided by the applicant is not sufficient evidence upon which to base a correction of his records. There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds. The applicant is not listed on the Vietnam casualty roster. In the absence of such evidence, there is an insufficient basis to grant award of the Purple Heart in this case.
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 AR20080012627, on 23 September 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) AR20090002508
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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1
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