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Decision Text

ARMY | BCMR | CY2009 | 20090004255
Original file (20090004255.txt) Auto-classification: Denied

		DOCKET NUMBER:  AR20090004255 


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 correction of his military records by awarding him the Purple Heart and showing it on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he received shrapnel wounds while serving in the Republic of Vietnam.

3.  The applicant provides in support of his application copies of his DD Form 214; a letter dated 5 October 1975; and a Standard Form (SF) 93 (Report of Medical History) (second page only). 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on or about 5 August 1955.  He served through a series of reenlistments and assignments both in the United States and overseas until his retirement for length of service on 31 August 1977.  He attained the rank of sergeant first class, pay grade E-7, and had completed 22 years and 7 days of creditable active duty service.

2.  On 11 October 1968, the applicant departed Fort Riley, Kansas for assignment in the Republic of Vietnam.  On 4 November 1968, he was assigned for duty as a platoon sergeant with Company B, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade.

3.  On 3 January 1969, the applicant was reassigned within the theater to the 123rd Aviation Battalion, Americal Division.

4.  On 13 October 1969, the applicant departed the Republic of Vietnam for duty in the Federal Republic of Germany.

5.  The applicant’s name is not listed on the Vietnam Casualty Roster.

6.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) of this same form does not show award of the Purple Heart.

7.  The applicant's service medical records are not available for review.

8.  Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.  

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for his service ending on 31 August 1977 lists his awards as the National Defense Service Medal, Good Conduct Medal (three awards), Vietnam Service Medal, Combat Infantryman Badge, Bronze Star Medal, Republic of Vietnam Campaign Medal [with (1960) Device, United States Army Recruiting Badge, and the Army Commendation Medal.  It does not show award of the Purple Heart.

10.  In a letter dated 5 October 1975, written by a former specialist five, reports, in effect, that the applicant had been wounded in the left thigh by shrapnel from an enemy rocket and mortar attack in the month of February 1969, in Chu Lai, Republic of Vietnam.  He further reports that he bandaged his injured leg the best he could and after about 30 minutes when the barrage had stopped helped the applicant to the company dispensary for treatment of his wounds.

11.  A SF Form 93 (second page only), dated 1 August 1976 and provided by the applicant, shows that the applicant had reported receiving shrapnel wounds while serving in the Republic of Vietnam.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart for wounds sustained while serving in the Republic of Vietnam and that his DD Form 214 should be corrected to show this award.

2.  The evidence provided by the applicant reports that he had received shrapnel wounds during an enemy rocket and mortar attack and that he was taken to the company dispensary for medical treatment.  Unfortunately, there is no available record of any medical treatment rendered for these wounds.  The Report of Medical History provided by the applicant is insufficient since it only refers to the sustainment of wounds and does not mention any treatment received or how the injury was incurred.  Furthermore, the applicant's name is not listed on the Vietnam Casualty Roster.  The applicant's DA Form 20 does not indicate that he received any wounds as a result of combat.

3.  Regrettably, in view of the above the applicant's request should be denied.

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 for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20090004255





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ABCMR Record of Proceedings (cont)                                         AR20090004255



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