IN THE CASE OF: BOARD DATE: 4 September 2008 DOCKET NUMBER: AR20080004778 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 request for award of the Purple Heart. 2. The applicant states that he is quite sure he is not the only wounded Soldier whose name was not put on the Vietnam Casualty Roster. He provides letters he wrote to his brother during the time he was wounded and hopes the letters will result in a favorable decision. 3. The applicant provides copies of three envelopes and letters. The letters are dated 16 January, 28 January, and 15 March (year not listed but presumably 1969). 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 AR20070009066 on 14 November 2007. 2. The letters provided by the applicant are new evidence which will be considered by the Board. 3. The applicant arrived in Vietnam on or about 19 December 1968 and was assigned to Company A, 3d Battalion, 39th Infantry as an indirect infantry fire crewmember. 4. The applicant provided a letter, dated 16 January (1969), which he wrote to his brother. In the letter he wrote that he had just returned from a 2-day mission. On Sunday night, his company sighted about 150 to 200 Viet Cong but did not engage them. On Monday night, the enemy fired upon them. Three Soldiers were wounded. He did not mention that he was injured. 5. The applicant provided a letter, dated 28 January (1969), which he wrote to his brother. He wrote in part, “…I have got to go back to the doctor tomorrow to get the stiches (sic) took out of my leg and a__ and see what else is wrong with me.” 6. The applicant provided a letter, dated 15 March (1969), which he wrote to his brother. This letter mentioned that the Viet Cong mortared the area, but he did not mention that he was injured. 7. The applicant departed Vietnam on 8 August 1969. 8. On 20 March 1970, the applicant completed a separation physical examination. Item 70 (Physician’s Summary and Elaboration of All Pertinent Data) of his Standard Form 88 (Report of Medical Examination) indicates the applicant received multiple shrapnel wounds to the right upper and lower leg and right face on 20 January (the date could be “Jun” but the entry more closely resembles “Jan”) 1969 while in Vietnam, with no hospitalization. 9. The applicant’s name is not listed on the Vietnam Casualty Roster. His service medical records are not available. Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) does not show he was wounded. 10. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Army Commendation Medal, the Air Medal, and the Combat Infantryman Badge. 11. Army Regulation 600-8-22 (Military Awards) states 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. There is no direct evidence to show the applicant was wounded as a result of hostile action. 2. However, two pieces of evidence – the applicant’s separation physical examination and his 28 January (1969) letter – tend to corroborate each other by indicating that he was wounded in some manner and that he was treated for those wounds. 3. The applicant was awarded the Combat Infantryman Badge, indicating he actively participated in ground combat. Again, although there is no direct evidence, it would be reasonable to presume that the applicant was wounded as a result of hostile action. Any reasonable doubt should be resolved in his favor. BOARD VOTE: ___xx___ __xx____ ___xx__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20070009066 dated 14 November 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received on 20 January 1969 and by adding the Purple Heart to his DD Form 214. _______xxxx___________ 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) AR20080004778 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080004778 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1