IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090011608
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, through his representative in Congress, reconsideration of his request for the award of the Purple Heart for injuries received on 7 July 1969 while serving in the Republic of Vietnam (RVN).
2. The applicant states he suffered injuries to his eardrums from satchel charges which were thrown in his foxhole during an enemy attack.
3. The applicant provides the following:
a. a copy of Headquarters, 4th Infantry Division, General Orders Number 6155, dated 27 September 1969, awarding him the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the RVN on 7 July 1969;
b. a copy of the Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 4 December 2008;
c. a letter of support from his former battery commander at the time of his claimed injury, dated 28 May 2009;
d. a self-authored letter, dated 25 June 2009, appealing the results of the Board's previous decision;
e. a letter from the Chief, Congressional and Special Actions, dated 9 July 2009, addressed to his Representative in Congress pertaining to his desire to be awarded the Purple Heart;
f. a letter from his Congressional Representative, dated 9 July 2009, addressed to the ABCMR;
g. a copy of page 4 of his DA Form 20 (Enlisted Qualification Record) which highlights item 41 (Awards and Decorations); and
h. two letters from the Department of Veterans Affairs (VA), granting VA entitlements for tinnitus.
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 ABCMR in Docket Number AR20080014156 on 4 December 2008.
2. The applicant submitted, through his representative in Congress, a copy of a letter from his former battery commander, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrant consideration by the Board.
3. Records show the applicant served in the RVN from 16 March 1969 through 15 March 1970. He was assigned to Battery C, 6th Battalion, 29th Artillery, 4th Infantry Division, performing duties in military occupational specialty (MOS) 13A (Field Artillery Crewman).
4. A copy of General Orders Number 6155 awarded the applicant the Army Commendation Medal with "V" Device for heroism in the RVN on 7 July 1969. The orders state that with complete disregard for his personal safety, he remained at his exposed howitzer position and assisted in placing effective artillery fire on the enemy.
5. A letter of support, dated 28 May 2009, received from his former battery commander states that while commanding C Battery, 6th Battalion, 29th Field Artillery, 4th Infantry Division, he was responsible for deploying the applicant and his detachment to support "search and destroy" operations in the VC [Viet Cong] Valley. The applicant's detachment was attacked by an enemy sapper unit and, as a result, suffered injuries from direct contact with exploding satchel charges. All the wounded, including the applicant, were evacuated to An Khe for medical
treatment. The former commander contends that the applicant was wounded as a result of enemy action.
6. The applicant's name does not appear on the Vietnam Casualty Roster.
7. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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. To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded or injured as 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. After a thorough review of the available documentation, including a letter from his former battery commander, the applicant does not meet the criteria for award of the Purple Heart. This letter alone is insufficient to warrant award of the Purple Heart. There is no corroborating evidence, specifically medical evidence, to show he was wounded as a result of hostile action and treated for such wounds.
2. Therefore, absent of evidence to show the applicant was wounded as a result of hostile action and received medical treatment for those wounds, there is insufficient evidence to grant award of the Purple Heart.
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 ABCMRs decision in Docket Number AR20080014156, dated, 4 December 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) AR20090011608
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ABCMR Record of Proceedings (cont) AR20090011608
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