IN THE CASE OF: BOARD DATE: 23 July 2009 DOCKET NUMBER: AR20090004141 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 to correct his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam. 2. The applicant states that he served with Company A, 2nd Battalion, 35th Infantry Regiment in the Republic of Vietnam and he has a scar on his right thigh from a shrapnel wound that he received in the Republic of Vietnam. 3. The applicant provides, in support of his request for reconsideration, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with DD Form 215 (Correction to DD Form 214); page 393 of the Tropic Lightning; a letter from a former Soldier of Company A, 2nd Battalion, 35th Infantry Regiment; Department of Veterans Affairs (VA) Rating Decision, dated 19 September 2008; and a copy of the original Board proceedings, dated 24 April 2008. 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 AR20080001849, dated 24 April 2008. 2. The letter from the former Soldier of Company A, 2nd Battalion, 35th Infantry Regiment, is new evidence that requires consideration by the Board. 3. In the original Board case, the applicant did not provide any documentary evidence to support his claim of being wounded in action. The Board determined that he had been assigned to Company A, 2nd Battalion, 35th Infantry Regiment, in the Republic of Vietnam. He underwent a separation medical examination in 1967 wherein no mention was made of any wounds or injuries sustained as the result of enemy action. The applicant's DA Form 20 (Enlisted Qualification Record) did not show any wounds or entitlement to the Purple Heart. The applicant's name was not listed on the Vietnam Casualty List. Based on the absence of substantiating evidence, the Board denied the applicant's request for award of the Purple Heart. 4. On 13 January 2009, a former Soldier of Company A, 2nd Battalion, 35th Infantry Regiment, wrote a letter to all concerned regarding the applicant. It states in the middle of May [1966] he was with the applicant on patrol in the jungles of Vietnam when they were ambushed by enemy forces. He witnessed the applicant's wounding in his right leg by a grenade fragment. The letter does not mention anything about medical treatment or evacuation to an aid station or hospital. 5. The VA rating decision provided by the applicant shows that he was awarded a 10 percent disability rating for a shrapnel scar to his right anterior thigh. A review of the applicant's service medical records by the VA failed to show a right leg injury. The disability was based on the applicant's award of the Combat Infantryman Badge and his claim of being treated in a field hospital for a fragment wound to his right thigh. 6. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he was wounded in action and should be awarded the Purple Heart. 2. The letter the applicant provided from a former Soldier states the applicant was wounded in the Republic of Vietnam, due to grenade fragment. However, there is no evidence available showing the applicant received medical treatment for this wound. Therefore, a statement that was written more than 30 years after the fact without corroborating evidence of medical treatment is not sufficient to award the Purple Heart. 3. In view of the above, the applicant's request for award of the Purple Heart should be denied. 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 AR20080001849, dated 24 April 2008. _______ _ 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) AR20090004141 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004141 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1