IN THE CASE OF:
BOARD DATE: 18 August 2009
DOCKET NUMBER: AR20090008124
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 of an earlier appeal that his records show award of the Purple Heart.
2. The applicant states that he served as a crew chief on a gunship and he was on a mission to support ground troops over hostile territory. The gunship was receiving hostile fire and when they returned rocket fire fragments from a rocket got in his right eye. After he was treated for his injury, he asked the doctor if he was going to get the Purple Heart. The applicant states that the doctor laughed and said "with all theser (sic) GI's in here badly wounded and you want a Purple Heart for this little wound."
3. The applicant provides a Standard Form (SF) 600 (Chronological Record of Medical Care), with treatment dates from 23 May 1967 to 11 March 1969 in support of his 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 AR20080007156, on 18 September 2008.
2. The applicant submitted an SF 600 which was not previously considered by the Board; therefore, this new evidence warrants reconsideration by the Board.
3. The applicant was inducted into the Army of the United States on 14 June 1954. On 11 June 1956, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) to complete his Reserve obligation. After a break in service, he enlisted in the Regular Army (RA) on
27 November 1963 for a period of 3 years.
4. On 16 September 1965, the applicant was honorably discharged for the purpose of immediate reenlistment. He reenlisted on 17 September 1965 for another period of 3 three years.
5. The applicant arrived in Vietnam on 13 August 1966 and he was assigned to D Company (Maintenance), 173rd Support Battalion. He was reassigned to the 335th Aviation Company (Airmobile) on 1 October 1966.
6. The applicant provided an SF 600 that states "Pt [Patient] got F.B. [unknown] in eye the P.M. during firing run." This entry on the form is dated 23 May 1967 and signed by a captain, MC [Medical Corps]. On 2 August 1967, the applicant departed the Republic of Vietnam.
7. On 16 June 1968, the applicant was honorably discharged. He immediately reenlisted on 17 June 1968.
8. The applicant's DD Form 214 with the period ending 16 June 1968 covers his service in Vietnam. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons or Authorized) does not show award of the Purple Heart.
9. On 31 December 1981, the applicant was honorably released from active duty for the purpose of retirement by reason of required service for retirement. His final DD Form 214 does not show award of the Purple Heart.
10. There are no general orders in the applicants service personnel records that show he was awarded the Purple Heart. There also is no evidence in his service personnel records that shows that he was treated for wounds as a result of hostile action in Vietnam. The applicant's name is not listed on the Vietnam Casualty Roster.
11. Item 9 (Awards and Decorations) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) does not show award of the Purple Heart.
12. There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.
13. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Purple Heart. He provided an SF 600 which indicates he sustained an injury to his eye from a foreign object during a firing run. While his injury is unfortunate, there is no evidence in the available records and the applicant has not provided evidence that shows his injury was the direct result of hostile action.
2. Lacking any corroborating evidence of record showing the applicant was treated for a wound as a direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
3. Regrettably, in view of the foregoing, there is insufficient evidence that would warrant 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 to amend the decision of the ABCMR set forth in Docket Number AR20080007156, dated 18 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) AR20090008124
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ABCMR Record of Proceedings (cont) AR20090008124
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