IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100014474 


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 treated for wounds received in action at a military hospital in Vietnam near the Cambodian border.

3.  The applicant provides:

* Standard Form 600 (Chronological Record of Medical Care)
* Standard Form 513 (Clinical Record - Consultation Sheet)
* orders and certificate for award of the Bronze Star Medal with "V" Device
* two witness statements

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 AR20090013947 on 16 March 2010.

2.  The applicant submitted a Standard Form 600, Standard Form 513, and two witness statements which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and as such warrant consideration by the Board.
3.  The applicant's records show he was inducted into the Army of the United States on 4 December 1967 and held military occupational specialty 11B (Light Weapons Infantryman).

4.  His records show he served in the Republic of Vietnam from on or about 5 November 1968 to 15 July 1969.  He was assigned to Company D, 3rd Battalion, 47th Infantry, 9th Infantry Division.

5.  He was honorably released from active duty on 16 July 1969 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

6.  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) does not show award of the Purple Heart.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains no entry, his name is not shown on the Vietnam casualty roster, and there are no general 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 available medical records show:

	a.  He completed a Standard Form 89 (Report of Medical History) on 16 July 1969 and indicated that he had a hearing loss with headaches at times and that his ears had a tendency to plug up.  The attending physician indicated he had partial deafness that existed prior to service.

	b.  He underwent a separation medical examination on 16 July 1969.  His Standard Form 88 (Report of Medical Examination) noted his partial deafness, but no combat wounds/injuries or treatments were noted.

	c.  He was issued a physical profile on 16 May 1969 for hearing loss and restricted from any future assignments requiring acute hearing.

10.  He submitted the following documents:

	a.  A Standard Form 600, dated from 12 February 1969 through 12 May 1969, shows he went to the aid station for various reasons.  An entry, dated 12 May 1969, shows he was referred to the 29th Evacuation Hospital for an ear, nose, and throat consultation for what appears to be a hearing issue.  This form notes that the 9th Medical Aid Station does not have ear, nose, and throat consultation capability.

	b.  A Standard Form 513, dated 12 May 1969, shows he complained of ringing in his ears 2 days after firing 90mm rounds.  This form notes that his tympanic membrane was not torn but showed some scarring.

	c.  A statement from a former unit member, dated 31 March 2010, states that they were pinned down in an open rice paddy for a day and through the night in May 1969.  He remembers the bazooka the applicant was carrying when they were attacked.  He also remembers the applicant's ear drums were damaged after firing the bazooka.  He states the applicant was medically evacuated the next day and they were told he would not return to the field.

	d.  A statement from a former unit member, dated 18 April 2010, states he served in the same unit in Vietnam as that of the applicant.  He remembers they were involved in a firefight on 11 and 12 May 1969 and that the applicant was medically evacuated subsequent to injuries incurred during the firefight.

11.  Army Regulation 600-8-22 (Military Awards) provides 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy-placed mine or trap; injury caused by enemy-released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy-generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  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.

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

3.  In this case, the applicant's 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 shows he was wounded or injured as a result of hostile action or treated for such wounds.

4.  Notwithstanding the applicant's and his former unit members' 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 AR20090013947, dated 16 March 2010.



      _______ _ 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)                                         AR20100014474



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ABCMR Record of Proceedings (cont)                                         AR20100014474



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