RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 January 2005
DOCKET NUMBER: AR20040000387
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.
| |Mr. Carl W. S. Chun | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda D. Simmons | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Ms. Carol A. Kornhoff | |Member |
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 reconsideration of his request for award of the
Purple Heart and the Republic of Vietnam Campaign Medal.
2. The applicant states that one of their warriors received a Purple Heart
for being in a truck accident in Iraq. He (the applicant) has screws in
his back and his L4 and L5 discs had to be removed. Also, the reason the
Board used for denying him the Republic of Vietnam Campaign Medal was
unfair. The Court held the actions in Vietnam were unconstitutional (when
they medically evacuated him).
3. The applicant provides no supporting evidence.
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
AR2003090042 on 27 January 2004.
2. The applicant provides new arguments that will be considered by the
Board.
3. The applicant was inducted into the Army on 14 May 1971. He completed
basic combat training and advanced individual training and was awarded
military occupational specialty 74F (Automated Data Processing System
Programming Specialist).
4. The applicant arrived in Vietnam on or about 14 March 1972 and was
assigned to Headquarters and Headquarters, Inventory Control Center,
Vietnam.
5. On 19 April 1972, the applicant was treated for an "injury to his mid
thoracic back muscles while lifting – pain on elevating arms."
6. The applicant was transferred to the U. S. Army Drug Treatment Center
in Long Binh on or about 5 June 1972 after having three positive urinalysis
tests. On 15 June 1972, he had a positive urinalysis and his military
superiors agreed that further rehabilitation efforts were useless. He
departed Vietnam in a patient status on or about 3 July 1972 en route to
the U. S. Army Hospital, Fort Leonard Wood, MO pending separation.
7. On 26 July 1972, the applicant was separated under the provisions of
Army Regulation 635-212 for unfitness – drug abuse.
8. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification
Record) does not show that he was wounded as a result of hostile action.
His name is not listed on the Vietnam Casualty Roster.
9. Army Regulation 600-8-22 (Military Awards) states 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.
10. Army Regulation 600-8-22 provides for award of the Republic of Vietnam
Campaign Medal with device 1960 to personnel who have served in the
Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March
1973, inclusive, or have served for less than 6 months and have been
wounded by hostile forces.
DISCUSSION AND CONCLUSIONS:
1. The Board evaluates each case on its own merits. While past actions
(i.e., the granting or denying or relief), may be considered, the Board
does not acknowledge “precedent” cases as such. Even if the Purple Heart
had been awarded to a Soldier in the Iraq war based on an truck accident
not the result of hostile action, such an erroneous application of the
eligibility criteria would not mandate erroneously applying those criteria
to the applicant's circumstances.
2. The applicant did not meet the eligibility criteria for award of the
Republic of Vietnam Campaign Medal because he was not assigned to Vietnam
for at least 6 months and he was medically evacuated as a result of drug
abuse and rehabilitation failure. He contends that "the Court held the
actions in Vietnam were unconstitutional (when they medically evacuated
him)" but provides no evidence of such a court decision.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__lds___ __jtm___ __cak___ 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 AR2003090042 dated 27 January 2004.
__Linda D. Simmons____
CHAIRPERSON
INDEX
|CASE ID |AR20040000387 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050111 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |107.0015 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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