IN THE CASE OF:	  

		BOARD DATE:	       16 April 2009

		DOCKET NUMBER:  AR20090002444 


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 that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he injured his shoulder while serving in the Republic of Vietnam.

3.  The applicant provides a two-page Standard Form 600 (Chronological Record of Medical Care) in support of this application.

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 AR20050001870, on 20 September 2005.

2.  The applicant provides a two-page Standard Form 600 which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant enlisted in the Regular Army on 17 May 1966 and upon completion of initial entry training was awarded military occupational specialty 62K (Grader Operator).  He served in the Republic of Vietnam from 10 August 1967 to 7 August 1968 and was honorably released from active duty on 16 May 1969.
4.  There is no evidence in the applicant's records which shows he was recommended or awarded the Purple Heart.

5.  The applicant provided a Standard Form 600 which shows he was seen by medical personnel on 15 May 1968 for a bruised shoulder which was caused while getting away from a mortar. 

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 military 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 entitled to award of the Purple Heart has been carefully reviewed and found to be without merit.

2.  It is recognized that the Standard Form 600 shows he was seen by medical personnel.  However, merely to have been treated by medical personnel for a bruised shoulder is not sufficient for the purpose of awarding the Purple Heart.  

3.  Absent evidence that the injury was sustained directly as a result of enemy action, there still is insufficient evidence to grant award of the Purple Heart in this case.

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 AR20050001870, dated 20 September 2005.




      ____________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)                                         AR20090002444





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ABCMR Record of Proceedings (cont)                                         AR20090002444



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