IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100009976 


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, through his Member of Congress, reconsideration of his earlier request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states, through his Member of Congress, he served in Vietnam from 25 July 1969 to 24 July 1970 and he was wounded in May 1970 when the 118th Armored Cavalry Regiment mess hall was under mortar attack.  He received the Purple Heart a year after he returned home from Vietnam but he never received a corrected DD Form 214.  

3.  The applicant provides the following documents: 

* Copy of his previously-submitted DD Form 214
* Copy of his previously-submitted certificate showing award of the Purple Heart
* Copy of Standard Form (SF) 50 (Notification of Personnel Action)

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 AR20090008500 on 24 September 2009.

2.  The applicant submitted a copy of his SF 50 and a new argument which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  His records show he enlisted in the Regular Army for a period of 3 years on 17 April 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 63B (Wheel Vehicle Mechanic).  

4.  His records further show he served in the Republic of Vietnam from on or about 25 July 1969 to 24 July 1970.  He was assigned to the 118th Aviation Company (Assault Helicopter), 1st Aviation Brigade. 

5.  He was honorably released from active duty on 16 April 1971 in the rank/grade of specialist five/E-5 and he was transferred to the U.S. Army Reserve to complete his Reserve obligation.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, 2 overseas service bars, Vietnam Service Medal with 2 bronze service stars, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Republic of Vietnam Campaign Medal with Device (1960) Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Good Conduct Medal (1st Award), Army Commendation Medal, and Driver and Mechanic Badge. 

7.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entry; his name is not shown on the Vietnam casualty roster; and there are no official orders in his records that show he was awarded the Purple Heart.

8.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for him.

9.  His medical records are not available for review with this case; however, his records contain a Statement of Medical Condition, dated 16 April 1971, which shows he underwent a separation medical examination at Fort Benning, GA and that he indicated there had been no change in his medical condition since his last examination. 


10.  He submitted a copy of a Standard Form 50, dated 5 March 1970 (or 1978) which shows he received points for veteran preference. 

11.  He also submitted a copy of a certificate, dated 1 November 1970, which shows he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 1 May 1970. 

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The criteria for award of the Purple Heart requires the submission of substantiating evidence 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.

3.  In this case, there is no evidence available to show award of the Purple Heart other than the certificate the applicant submitted.  His name is not shown on the Vietnam casualty roster, his DA Form 20 does not document any combat wounds, his record is void of orders that show he was awarded the Purple Heart, and there is no other evidence in his service records that shows he was wounded or injured as a result of hostile action or treated for such wounds.

4.  The applicant's service in Vietnam and his sincerity are not in question. However, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon 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 AR20090008500, dated 24 September 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)                                         AR20100009976



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100009976



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1