IN THE CASE OF:	  

		BOARD DATE:	       4 JUNE 2009

		DOCKET NUMBER:  AR20090006393 


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 to show award of the Purple Heart for wounds received during service in the Republic of Vietnam.

2.  The applicant states, in effect, that he was shot in the head while in combat in the Republic of Vietnam which has caused him to lose his cognitive capabilities.   

3.  The applicant provides, in support of his application, a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DD Form 214 (Certificate of Release or Discharge from Active Duty), the first page of DA Form 2-1 (Personnel Qualification Record - Part II), and a portion of his service medical records showing medical care he received from 1977 to 1988.  

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was retired from the Regular Army in the rank of sergeant, pay grade E-5.

2.  The applicant's military records are not available for review.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 




3.  The applicant's DD Form 214, for his first period of active duty service, shows that he enlisted in the Regular Army on 24 February 1965.  He attained the rank of specialist four and was released from active duty on 23 February 1968.  He had completed 3 years of creditable active duty service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, ending on 23 February 1968, lists his awards as the National Defense Service Medal, Vietnam Service Medal and the Vietnam Campaign Medal.  It does not show award of the Purple Heart.

5.  The applicant's DA Form 2-1 [only first page available] shows that he served in the Republic of Vietnam from 15 August 1966 to 15 August 1967.  Item 9 (Awards, Decorations and Campaigns) of this form does not show award of the Purple Heart.

6.  The applicant's DD Form 214 ending on 31 October 1991 shows that he had served through a series of assignments and was retired for length of service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 ending on 31 October 1991, lists his awards as the Army Service Ribbon, National Defense Service Medal with 1 bronze service star, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Good Conduct Medal (6th award), Army Achievement Medal, Army Commendation Medal, Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon with Numeral Four, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart.

7.  The medical documentation provided by the applicant shows the following:

	a.  On 5 August 1977, the applicant underwent a medical examination for the purpose of enlistment in the Regular Army.  It indicates that he had nose surgery and a scar on his left wrist.  It does not mention a previous head injury.

	b.  A clinical consultation report, dated 16 February 1978, indicates that in 1966 the applicant was injured by a gunshot wound that went through the lateral orbital ridge and exited through his nose.  The report does not state where or under what circumstances this injury occurred.  

	c.  On 22 February 1978, the applicant was diagnosed with post traumatic migraines and underwent a brain scan on 21 February 1978.

	d.  A clinical consultation report, dated 9 August 1978, indicates that the applicant was examined in the emergency room for a lumbar sprain that occurred 3 days earlier.

	e.  On 1 September 1978, the applicant underwent a radiographic examination for lower back pain.  The results were negative.

	f.   On 7 July 1982, the applicant was medically examined in response to his complaint of dizziness and synoptic episodes following a gunshot to his head in 1966.  The report does not state where or under what circumstances the applicant sustained this gunshot.

	g.  On 1 February 1983, an emergency medical treatment record shows that the applicant was involved in an automobile accident.  He complained of severe headaches in the back portion of his head and of being dizzy.  He was diagnosed with a muscle strain in his neck and prescribed Tylenol for pain.

	h.  On 2 February 1983, an emergency medical treatment record shows the applicant complained that his "head broke open."  Comments on the form state that the applicant had received a frontal head plate in 1960 and had been involved in a motor vehicle accident the evening before.  The applicant was diagnosed with a mild neck spasm.

	i.  On 7 June 1983, a record of acute medical care shows the applicant complained of headaches and was assessed with having a tension headache or a migraine.  

	j.  On 25 February 1985, an emergency room consultation sheet shows that the applicant complained of a sudden onset of a central lumbar pain when holding a box at chest height and twisting.   He was subsequently evaluated on 
1 and 25 March 1985 for this condition.	

	k.  During the period from 17 May to 17 June 1988, the applicant received a radiologic consultation, an orthopedic consultation, and physical therapy.

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

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he received a gunshot to the head while in combat in the Republic of Vietnam and should be awarded the Purple Heart.

2.  There are no available general orders showing that the applicant was awarded the Purple Heart and the applicant's name is not listed on the Vietnam Casualty Roster.  The medical evidence provided by the applicant indicates that he was shot in the head; however, it does not provide substantiating evidence that this injury occurred in the Republic of Vietnam or that it was the result of enemy action.  

3.  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 the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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.



      _______ _   __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)                                         AR20090006393



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006393



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1