BOARD DATE:	  12 October 2010

		DOCKET NUMBER:  AR20100010753 


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 for award of the Purple Heart.

2.  The applicant states he was on maneuvers with Company C when they came under mortar attack and he sustained a shrapnel wound to his leg.

3.  The applicant provides a copy of his chronological record of medical care, dated on various dates in 1967 and 1968. 

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 AR20090003313 on 30 July 2009.

2.  The applicant submitted a copy of his chronological record of medical care which was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 18 April 1966.  He was awarded military occupational specialty 36A (Wireman).  He served in the Republic of Vietnam from on or about 18 December 1966 to on or about 10 January 1968.  He was assigned to Headquarters and Headquarters Battery, 1st Battalion, 8th Artillery.
4.  He was honorably released from active duty on 17 April 1968 in the rank/grade of sergeant/E-5 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation. 

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Good Conduct Medal, two overseas service bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains no entry and his name is not shown on the Vietnam casualty roster.

7.  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.

8.  The applicant's medical records are not available for review with this case.  However, he submitted a copy of his chronological record of medical care that shows the following entries:

* On 7 August 1967, an abscess on the lower left leg
* On 9 August 1967, his condition improved
* On 25 August 1967, he was treated for a boil on the lower left leg.  This lesion started about 6 August 1967 following maneuvers in the field while moving with C Battery.  The applicant did not remember a bite or an insect sting.  He was admitted on 25 August where he was administered penicillin
* On 18 September 1967, the applicant complained of a rash on his chest which had been there for 2 days

9.  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 that he should be awarded the Purple Heart.

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for award.

3.  The applicant's medical record shows he was treated for a boil on his lower leg.  However, there is no indication if this boil was caused by enemy action, friendly action, or simply an accident.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

4.  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 any orders that show he was awarded the Purple Heart; and there is no evidence in his service personnel records that show she was wounded or injured as a result of hostile action or treated for such wounds.

5.  Notwithstanding his sincerity, 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 AR20090003313, dated 30 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)                                         AR20100010753



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ABCMR Record of Proceedings (cont)                                         AR20100010753



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