BOARD DATE: 14 July 2011 DOCKET NUMBER: AR20110000219 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 petition for award of the Purple Heart (PH). 2. The applicant states he was wounded and treated in the field on 12 May 1968 in the Republic of Vietnam (RVN). 3. The applicant provides: * a self-authored letter to a Senator * an excerpt from a letter written by the applicant's spouse 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 AR20100011551, on 12 October 2010. 2. The applicant provided a self-authored letter to a Senator and an excerpt from a letter written by the applicant's spouse. These items were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrants consideration by the Board. 3. During its initial review of the case, the Board determined there was insufficient evidence to confirm the applicant was entitled to award of the PH. It further noted there were no orders awarding him the PH in his record and his name is not on the Vietnam casualty listing. 4. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 12 March 1968 through 11 March 1969. Item 40 (Wounds) is blank and the PH is not included in the list of awards in item 41 (Awards and Decorations). The applicant last audited his DA Form 20 on 29 April 1969. 5. The applicant’s record is void of any orders or other documents that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty. 6. On 26 September 1969, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service in the rank of sergeant. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. 7. There is no indication the applicant petitioned for award of the PH while still assigned in the RVN, after his return to the continental United States, or any time prior to his REFRAD. 8. During the processing of this case, a member of the Board's staff again reviewed the Department of the Army (DA) Vietnam casualty listing. Again, there was no entry pertaining to the applicant on this listing. 9. The applicant provided a self-authored letter to a Senator and an excerpt from a letter written by the applicant's spouse to the Texas Veterans Commission which describes the applicant’s sleep and regularly occurring dreams. 10. 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 was wounded and treated in the field on 12 May 1968 in the RVN has been re-examined. The statements provided by the applicant and spouse were carefully considered, but lacking independent corroborating evidence, it is not sufficient for award of the Purple Heart. 2. The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant. 3. In this case, item 40 of the applicant’s DA Form 20 is blank indicating he was not wounded in action. The applicant last audited this record on 29 April 1969, over 6 weeks after he departed the RVN, indicating the information on the record to include the entry in item 40 was correct at the time. In addition, his name is not included on the Vietnam casualty listing, the official DA list of RVN battle casualties. Further, there is no indication he pursued award of the PH while he remained on active duty after his departure from the RVN. 4. As required by regulatory criteria, 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. Such corroborating evidence has not been satisfied in the case. 5. In view of the foregoing, there is no basis for granting the applicant's requested relief. 6. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 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 AR20100011551, dated 12 October 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) AR20110000219 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110000219 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1