IN THE CASE OF:
BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090013542
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 for award of the Purple Heart.
2. The applicant states, in effect, that he originally provided a health record (one-page document) with entries on both sides and apparently entries on one side of the medical record were missed/overlooked during his initial review. He points out that this health record states he was treated on 3/4 September 1970 for multiple lacerations on both legs as a result of being caught in barb wires. He contends that the description is partially accurate but it was a razor wire obstacle surrounding a bunker and he was cut on both arms as well as his legs. He claims that the attack occurred in the Kontom area, that they flew to Nha Trang, and that he was treated at the 8th Field Hospital.
3. The applicant provides a service medical record with entries dated 25 March 1979, 10 July 1970, 3 September 1970, and 4 September 1970 in support of his request for reconsideration.
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 AR20090004351, on 7 July 2009. The applicant contended that he was treated for injuries to his legs, arms, and chest at the 8th Field Hospital in Nha Trang, the Republic of Vietnam, as a result of a rocket/mortar attack.
2. The service medical record provided by the applicant will be considered by the Board since it cannot be determined if the original Board considered the entries on both sides of this document.
3. The applicant enlisted in the Regular Army on 5 May 1969 for a period of
2 years. He served in Vietnam from 2 December 1969 to 12 November 1970.
4. The applicant provided a service medical record which shows he was treated at the 25th Medical Detachment on 3 and 4 September 1970 for lacerations to his legs. The record states that he got caught on barb wires causing multiple lacerations on both legs right above the knees. However, there is no evidence that this injury was the result of hostile action.
5. The applicant was released from active duty on 13 November 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation.
6. The applicants DD Form 214 does not show the Purple Heart as an authorized award.
7. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in Vietnam.
8. The applicant's DA Form 20 does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.
9. On 12 November 1970, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in the RVN. Items 35 (Upper Extremities) and 37 (Lower Extremities) of his Standard Form 88 (Report of Medical Examination), dated
12 November 1970, shows he was rated normal.
10. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
11. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Republic of Vietnam. The service medical record provided by the applicant does not show that the lacerations to his legs were the result of hostile action. Regrettably, there is insufficient evidence on which to base 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 AR20090004351, dated 7 July 2009.
_______ _ _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) AR20090013542
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ABCMR Record of Proceedings (cont) AR20090013542
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