IN THE CASE OF:
BOARD DATE: 6 OCTOBER 2009
DOCKET NUMBER: AR20090009077
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 his earlier application concerning award of the Purple Heart for wounds received while serving in the Republic of Vietnam.
2. The applicant makes no statement.
3. The applicant provides copies of electronic mail communications and photos; DA Form 1594 (Daily Staff Journal or Duty Officer's Log), dated 6 June 1969; U.S. Army Vietnam (USARV) Form 382 (Monthly Report of Scout Dog Operations), dated 7 July 1969; and three letters of support, dated in April 2008, in support of his request for reconsideration.
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 AR20070006455, on 13 September 2007.
2. The DA Form 1594, USARV Form 382, and three letters of support were not previously considered by the Board; therefore, they are considered new evidence and as such warrant consideration by the Board.
3. In the original Board case, the applicant contended that an enemy rocket detonated next to his "hooch" causing him to be blown from his bunk. He made it to a bunker before realizing he was wounded. Medics took him to the camp dispensary where he received medical treatment to remove shrapnel, clean, and bandage his wounds. There was no evidence of record showing that he had received these wounds or that he had undergone medical treatment. Therefore, his request for award of the Purple Heart was denied by the Board.
4. The photographs provided with this reconsideration were a part of the evidence considered by the original Board.
5. The DA Form 1594, dated 6 June 1969, reports that there were two Soldiers wounded in action on that day. Neither person's wounds were serious, but one was evacuated to the hospital. The report does not provide the names of these two Soldiers, although they were in the same unit as the applicant.
6. USARV Form 382 reports that during the month of June 1969, the applicant's unit had two dog handlers who were wounded in action. The report does not provide the names of these two individuals.
7. On 7 April 2008, a former Soldier from the applicant's unit wrote a letter wherein he stated that on 6 June 1969 the applicant was wounded in the face when a rocket hit at the front of their quarters. The author also reports that he was wounded and taken to the hospital.
8. On 15 April 2008, a former Soldier from the applicant's unit wrote a letter wherein he stated that on 6 June 1969 the applicant was blown from his bunk and injured when a rocket hit their compound. The author contended that everything the applicant says is true and he deserves award of the Purple Heart for his injuries.
9. On 28 April 2008, a former Soldier from the applicant's unit wrote him a letter saying that he was sending him a copy of a letter he had previously sent in support of his request. A copy of the letter to which the author referred is not available to the Board.
10. 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 should be awarded the Purple Heart for wounds received as a result of enemy action.
2. The letters of support submitted with this request for reconsideration clearly state that the applicant was wounded in action.
3. The photographs that reportedly show the applicant's wounds bandaged are insufficient by themselves as a basis for award of the Purple Heart. There is no available medical record to corroborate the photographs.
4. Unfortunately the available evidence is not sufficiently substantiating to show that the applicant was wounded as the result of hostile action, that he received medical treatment for any such wound, and that such medical treatment was made a matter of official record.
5. 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 to amend the decision of the ABCMR set forth in Docket Number AR20070006455, dated 13 September 2007.
___________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) AR20090009077
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ABCMR Record of Proceedings (cont) AR20090009077
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