IN THE CASE OF:	  

		BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100017162 


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 request for award of the Purple Heart.

2.  The applicant states that on 14 June 1968 at 2200 hours, Red Beach received 10 rounds of 122 millimeter rockets.  He was on charge of quarters (CQ) and he was found sitting in a chair with his eyes rolled back.  He was non-responsive and he was taken to the dispensary in a semi-conscious condition.

3.  The applicant provides an Standard Form (SF) 600 (Chronological Record of Medical Care), dated 15 June 1968; an SF 502 (Clinical Record - Narrative Summary) [illegible]; a DA Form 8-274 (Medical Condition - Physical Profile Record), dated 25 June 1968; and a Department of Veterans Affairs (DVA) Rating Decision.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the applicant be awarded the Purple Heart.

2.  Counsel states the applicant received a combat injury on 14 June 1968 while serving in Vietnam.  He contends the previous decision by the Army Board for Correction of Military Records (ABCMR) is in error because it identified an entry on the SF 600 with a date of 15 July 1968, when it was actually 15 June 1968.

3.  Counsel provides a letter addressed to the applicant's Representative in Congress, dated 15 June 2010.

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 AR20090015446, on 2 February 2010.

2.  In support of this application, the applicant's counsel provided an SF 502, a DA Form 8-274, and a letter addressed to the applicant's Representative in Congress as new evidence which was not previously considered by the Board.  Therefore, reconsideration is warranted.

3.  The applicant enlisted in the Regular Army on 18 April 1966.  Upon completion of initial entry training he was awarded military occupational specialty 68B (Aircraft Engineer Repairer).

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 27 October 1966 through 30 June 1968.  Item 40 (Wounds) is blank and the Purple Heart is not included in the list of awards contained in item 41 (Awards and Decorations).

5.  There is no evidence in his Official Military Personnel File (OMPF) that indicates he was ever recommended for or awarded the Purple Heart or that he was ever treated for a combat related wound.

6.  He was released from active duty on 17 April 1969.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not include the Purple Heart in item 24 (Decorations, Medals, Badges, Commendations, Citations and Commendations Awarded or Authorized).

7.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster.  There is no entry pertaining to the applicant on this roster.

8.  He provides an SF 600 which indicates that on 15 June 1968 at 0300 hours he was brought to the dispensary in a semi-conscious condition.  It also indicates he was on CQ and he was found sitting in a chair with his eyes rolled back and non-responsive.  It further indicates that after ten minutes he vomited and finally became alert.  Additionally, it indicates he was asked to give a urine sample, but he was unable to.  An entry for 0440 hours, on the same date, shows a diagnosis that included "now semi conscious again-facial spasm."  "PE Neurological – response to pain and verbal stimulation – all other signs normal except for rolling eyes facial twisted- semi conscious state."  There is also an entry that states "Red Beach received 10 rounds 122 millimeter rockets 2200 14 Jun 1968."  This form does not indicate the circumstances surrounding his admission to the dispensary or that he received wounds as a result of hostile action.

9.  He also provided an SF 502 which is illegible, a DA Form 8-274 that shows he was being returned to duty and was given a physical profile due to being subject to passing out attacks, and a DVA Rating Decision that indicates he is receiving service connected disability compensation for a seizure disorder, post-traumatic stress disorder, and fractured right ankle.

10.  Counsel provided a letter addressed to the applicant's Representative in Congress in which he contends the ABCMR's previous decision was flawed because it misquoted the date of 15 June 1968 as being 15 July 1968.

11.  Army Regulation 600-8-22 (Military Awards) states 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.  The applicant's contention that he is eligible for the Purple Heart based on the loss of consciousness due to a rocket attack was carefully considered.

2.  His record does not contain orders or any other documentation indicating he was ever recommended for or awarded the Purple Heart while serving in the RVN.  His DA Form 20 contains no entries which indicate he was ever wounded in action and his name is not included on the Vietnam Casualty Roster.

3.  In the absence of evidence showing he was admitted to the medical facility for wounds sustained as a result of a hostile attack and was treated for such wounds, or any evidence that confirms he was wounded as a result of enemy action while in the RVN, the new evidence provided is insufficient evidence on which to base award of the Purple Heart.

4.  The counsel's contention that the ABCMR's previous decision erred in stating the date on his SF 600 is founded.  However, this does not change the fact that there is no available evidence confirming the applicant's entitlement to the Purple Heart.

5.  Based on the above, there is no basis to grant 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 AR20090015446, dated 2 February 2010.




      _______ _   __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)                                         AR20100017162



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ABCMR Record of Proceedings (cont)                                         AR20100017162



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