IN THE CASE OF:	

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090020877 


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 request for award of the Purple Heart.

2.  The applicant states he was injured during night operations on 9 April 1967.

3.  The applicant provides copies of two letters from the Army Human Resources Command (AHRC), a letter from the National Personnel Records Center (NPRC), four letters of support (eyewitness statements), two self-authored letters of support, and his 2009 medical Progress Notes.

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 AR20070010956, on 12 February 2008.

2.  The documents the applicant provided are new evidence that will be considered by the Board.

3.  The applicant was inducted into the Army of the United States on 11 August 1966 for 2 years.  He completed training and was awarded military occupational specialty 11B, Light Weapons Infantryman.  He served in Vietnam from             15 February to 22 December 1967 with Company A, 1st Battalion, 22nd Infantry, 
4th Infantry Division.  
4.  He was honorably released from active duty in pay grade E-4 on 9 August 1968 due to expiration term of service and he was transferred to the United States Army Reserve Control Group (Annual Training).

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Combat Infantryman Badge.

6.  There are no orders in his military personnel records authorizing award of the Purple Heart.  There is no entry in Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) showing he was wounded as a result of hostile enemy action.  Item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart.  The Vietnam Casualty Roster was again reviewed for evidence that would show he was wounded in action while in Vietnam.  His name is not listed.

7.  The applicant submitted copies of two letters from AHRC wherein a Member of Congress was advised on his behalf that unit morning reports for Company A, 1st Battalion, 22nd Infantry show the applicant was treated for injuries accidentally incurred on 9 April 1967 when he fell down a 25 foot ravine and caused blunt trauma to his abdomen.  One letter advised that his injuries were accidentally incurred in a combat zone and he was not entitled to award of the Purple Heart.

8.  He also submitted copies of four letters of support wherein the individuals stated they served with him in Vietnam and he was knocked off of a mountain on 9 April 1967as a result of an artillery attack.  He further submitted copies of two self-authored letters he submitted to Members of Congress in support of his request for award of the Purple Heart.  He also submitted copies of his 2009 medical Progress Notes that show he was diagnosed with post traumatic stress disorder and depression, and he was being treated for bronchitis.

9.  A current review of the Awards and Decorations Computer Assisted Retrieval System of the records of the applicant's unit during the time frame he served in Vietnam failed to show orders were published authorizing him award of the Purple Heart.



10.  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 regulation governing award of the Purple Heart specifically states that in order to support award of the Purple Heart, there must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  The evidence of record does not show the injuries the applicant sustained on 9 April 1967 were a direct result of or caused by enemy action.  A review of the unit morning reports for his unit also did not confirm his injuries were a direct result of or caused by enemy action, but were the result of an accident which was incurred in a combat zone.  The applicant's records contain no orders or other documents confirming the injuries he received were caused by participation in direct or indirect combat operations while serving in Vietnam.  There is also no evidence he was ever recommended for the Purple Heart by proper authority.  Therefore, he is not entitled to award of the Purple Heart.

3.  The applicant's contentions and the evidence submitted were carefully considered.  However, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  He has not satisfactorily shown an error or injustice exists in his record concerning award of the Purple Heart.  

4.  In view of the foregoing, there is no basis for granting his 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 AR20070010956, dated 12 February 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)                                         AR20090020877



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ABCMR Record of Proceedings (cont)                                         AR20090020877



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