RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 FEBRUARY 2007
	DOCKET NUMBER:  AR20060009205 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  


	The Board considered the following evidence: 

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart and the Bronze Star Medal.

2.  The applicant provides his progress notes from the Department of Veteran Affairs (VA).

CONSIDERATION OF EVIDENCE:

1.  The applicant requested correction of his records to show award of the Bronze Star Medal.  There are no orders or other evidence authorizing award of this decoration. In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, it will not be discussed further in the Record of Proceedings.

2.  Records show the applicant was inducted into the Army on 5 November 1968. He served two tours in the Republic of Vietnam from 27 July 1969 to 1 August 1970 and from 11 September 1971 to 30 April 1972.  The applicant was honorably discharged on 26 May 1976.

3.  The applicant’s progress notes from VA show that he was diagnosed with post-traumatic stress disorder, delusional disorder, and persecutory subtype depressive disorder.  There is no mention in the progress notes of any wounds that the applicant might have received during his service in Vietnam.   

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.  The applicant's military service records do not contain any general orders awarding him the Purple Heart.   The applicant's name is not listed on the Vietnam Casualty Roster.

5.  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 a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also states that there is no time limit on requests for award of the Purple Heart.  
DISCUSSION AND CONCLUSIONS:

There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. In the absence of medical records supporting the applicant's contention, there is an insufficient basis for award of the Purple Heart in this case. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___TK  __  ___LB __  ___LD___  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 for correction of the records of the individual concerned.





______Ted Kanamine________
          CHAIRPERSON




INDEX

CASE ID
AR20060009205
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070227
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.