IN THE CASE OF:	  

		BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100015421 


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 and correction of his DD Form 214 (Report of Transfer or Discharge) to add this award.  He also requests, in effect, amendment of his military occupational specialty (MOS) on his DA Form 20 (Enlisted Qualification Record), which is a new issue.

2.  The applicant states:

* He was very disappointed in the decision not to award him the Purple Heart and correct his DD Form 214
* He points out errors pertaining to his MOS on his DA Form 20
* He contends he did not ever work in MOS 63B2O (wheeled vehicle mechanic) while stationed in Vietnam
* Docket Number AR20090015870 does not acknowledge his MOS change to 11B2O (light weapons infantryman)
* He questions why an entry on his DA Form 20 is crossed out
* During the chaotic period of the TET Offensive of 1968, recordkeeping in Vietnam was incomplete and disorganized
* During this period, accurate records especially medical records, were the least things on people's minds
* Being treated by a field medic was common
* He intends to pursue this issue with his Congressman and he will not be satisfied until his records are complete and accurate to include the Purple Heart and the change to his MOS in his records

3.  The applicant provides:

* page 3 of his DA Form 20
* a letter he wrote to the National Personnel Records Center in St. Louis, MO, dated 28 August 2009 (this letter was previously considered by the Board)
* two eyewitness statements from fellow Soldiers at the time in question

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 AR20090015870, on 25 March 2010.

2.  The two eyewitness statements provided by the applicant are new evidence which warrant consideration by the Board.

3.  The applicant enlisted in the Regular Army on 7 November 1966 for a period of 3 years.  He completed training and he was awarded MOS 63B.  Orders show he was awarded primary MOS 31M (radio relay and carrier attendant) and secondary MOS 63B, effective 1 June 1967.  His DA Form 20 shows:

* he served in MOS 63B while assigned to Headquarters and Headquarters Company, 17th Combat Aviation Group in Vietnam from 20 November 1967 to 12 January 1968
* he served in MOS 63B while assigned to the 155th Aviation Company in Vietnam from 13 January 1968 to 15 May 1968
* a handwritten entry in item 38 (Record of Assignments), dated 16 May 1968, showing his duty MOS as 11B2O and his principal duty as  "C.O.C." while assigned to the 155th Aviation Company in Vietnam, which is lined through
* he served in duty MOS 11B2O as a security guard while assigned to the 155th Aviation Company in Vietnam from 16 May 1968 until he departed Vietnam on 8 November 1968
* he was awarded MOS 94B (cook), effective 15 August 1969

4.  On 6 November 1969, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.


5.  Item 23a (Specialty Number and Title) of his DD Form 214 shows the entry "94B2O - Cook."  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the same DD Form 214 does not show the Purple Heart.

6.  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.

7.  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.

8.  On 22 October 1969, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.  Item 37 (Lower Extremities) of his Standard Form (SF) 88 (Report of Medical Examination), dated 22 October 1969, shows he was rated normal.

9.  In support of his claim, the applicant provided an eyewitness statement from his commanding officer at the time in question, dated 31 August 2010.  He attests he was the commanding officer of the 155th Assault Helicopter Company and he presented the applicant the Purple Heart in April 1968 for a knee injury he sustained during a mortar attack in Vietnam on 13 March 1968.  The applicant also provided an eyewitness statement from a fellow Soldier at the time in question, dated 7 September 2010.  He attests on 13 March 1968 the applicant injured his knee during a mortar attack when he dove for cover in the bunker.

10.  There is no evidence of record which show the applicant was awarded MOS 11B.

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.  When contemplating an award of the Purple Heart, the key issue commanders must take into consideration is the degree to which the enemy caused the injury.  The fact the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

12.  Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time provided, in pertinent part, that the primary MOS code number and title would be entered in item 23a on the DD Form 214.

13.  At the time, Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, prescribed instructions for preparing and maintaining the
DA Form 20.  In pertinent part, it stated that the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to USAR troop program units. 

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was wounded as a result of hostile action in Vietnam.  One of the eyewitness statements provided by the applicant stated the applicant injured his knee during a mortar attack when he dove for cover in the bunker, indicating the enemy was not the direct cause of his injury.

2.  In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the eyewitness statements provided by the applicant alone are not sufficient as a basis for award of the Purple Heart.  Regrettably, there is insufficient evidence in which to base award of the Purple Heart in this case.

3.  Although the applicant contends he never worked in MOS 63B while stationed in Vietnam, his DA Form 20 shows he served in MOS 63B while assigned to Headquarters and Headquarters Company, 17th Combat Aviation Group in Vietnam from 20 November 1967 to 12 January 1968 and while assigned to the 155th Aviation Company in Vietnam from 13 January 1968 to 15 May 1968.

4.  The applicant's contention pertaining to MOS 11B2O and the entry on his DA Form 20 which shows his duty MOS in Vietnam was 11B2O was noted.  However, there are no orders which show he was awarded MOS 11B and he did not provide any MOS orders to support his contention.

5.  The DA Form 20 was prepared and maintained for Active Army and USAR enlisted personnel.  As the applicant no longer has a military status, there is no basis to make any changes to his DA Form 20.

6.  In view of the foregoing, there is no basis for granting the applicant's requested relief.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 pertaining to the Purple Heart are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090015870, dated
25 March 2010.

2.  With regard to the applicant's new issue that his MOS be amended on his DA Form 20, the Board further determined that 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 for correction of the records of the individual concerned.



      ___________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)                                         AR20100015421



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ABCMR Record of Proceedings (cont)                                         AR20100015421



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