IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110006522 


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 for award of the Purple Heart through his Member of Congress (MOC).

2.  His MOC states the applicant contends he was not awarded the Purple Heart he earned in 1965.

3.  He provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a self-authored letter
* a Department of Veterans Affairs (VA) Rating Decision

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 AR20100023256 on 24 March 2011.

2.  The applicant submitted the complete VA Rating Decision and a self-authored letter which are considered to be new evidence in his case.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 12 May 1965 through 2 October 1966.  He was assigned to Company D (Maintenance), 173rd Support Battalion, in military occupational specialty 68D (Aircraft Engine Repairman).

4.  His records do not contain any documentation showing he was wounded as a result of hostile action or that he received treatment for such wounds.

5.  On 1 November 1966, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 does not indicate he was ever wounded and does not show award of the Purple Heart.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

7.  He provided a self-authored letter which states that while serving as a member of an aircraft maintenance platoon on 24 August 1965 they came under a mortar attack from the enemy.  Several mortars exploded in the area of their bunker and living quarters and he received a burn to his left heel caused by a large piece of shrapnel in the process of running to the nearest bunker for shelter.  He was admitted to the Army field hospital and received medical treatment for his wounds.

8.  His VA Rating Decision states the applicant's medical records show that he burned his left heel when he stepped on a piece of hot shrapnel from hostile action and that it occurred on the date he had stated.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, was wounded or killed or who died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify 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 contends he should have been awarded the Purple Heart for wounds he received from stepping on a piece of hot shrapnel as a result of enemy action.  His contentions were carefully considered.

2.  Although the applicant submitted a self-authored letter and his VA Rating Decision which describe the injury to his left heel as a result of hot shrapnel from the enemy, he has not provided sufficient evidence such as a copy of the medical documentation from that event which shows the treatment and the surrounding circumstances.

3.  Absent sufficient medical evidence, he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100023256, dated 24 March 2011.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20110006522



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ABCMR Record of Proceedings (cont)                                         AR20110006522



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