BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100021812


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:

The applicant defers his request to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests reconsideration of the applicant's earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  Counsel states:

* the applicant contacted Senator S____ T____, a now deceased former member of Congress, for assistance with obtaining copies of his military service and medical records
* records reviewed by the Army Board for Correction of Military Records (ABCMR) in the applicant's first case were the same records mailed to the applicant by the National Personnel Records Center in St. Louis, MO
* medical records do not always contain the service member's name on every page
* the Department of Veterans Affairs (VA) determined the applicant's residuals from shrapnel wounds to his left thumb, lower left hip, upper leg, and right hand to be service connected


3.  Counsel provides:

* several pages of correspondence between the applicant and Senator T____
* VA Rating Decision, dated 15 December 2010

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 ABCMR in Docket Number AR20090015621 on 18 March 2010.

2.  Counsel provides several pages of correspondence between the applicant and a member of Congress and the applicant's VA Rating Decision which were not previously considered by the Board; therefore, this new evidence will now be considered by the Board.

3.  The applicant's active duty service records are not available for review; however, there are sufficient documents available in his subsequent Reserve Component records to conduct a fair and impartial review of this specific request.

4.  The applicant's DD Form 214 shows he enlisted in the Regular Army for a period of 3 years on 25 January 1963.  While serving on active duty he held military occupational specialty 63A (Mechanical Maintenance Helper).

5.  On 10 January 1966, he was honorably released from active duty under the provisions of Army Regulation 635-205 (Personnel Separations – Discharge – Release for the Convenience of the Government) as an overseas returnee.  His DD Form 214 shows he completed 2 years, 11 months, and 14 days of net active service during this period, including 2 years, 5 months, and 10 days of foreign service.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Air Medal (3rd Oak Leaf Cluster)
* Armed Forces Expeditionary Medal
* Driver and Mechanic Badge with Driver-W Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)


7.  A DD Form 215 (Correction to DD Form 214), dated 30 April 2010, amended his DD Form 214 by:

* deleting all previous awards from item 26
* adding to item 26 the:

* National Defense Service Medal
* Air Medal with Numeral 6
* Presidential Unit Citation
* Meritorious Unit Commendation
* Armed Forces Expeditionary Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Driver and Mechanic Badge with Driver-W Bar
* Vietnam Service Medal with one bronze service star

8.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.

9.  The applicant's name is not listed on the Vietnam Casualty roster.

10.  There is no documentation in the available record and counsel has not provided any documentation indicating the applicant was wounded in combat or was previously awarded the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify 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.

2.  His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, and the VA forms he submitted do not conclusively show he was injured as a result of enemy action.

3.  Notwithstanding the applicant's sincerity, in the absence of additional documentary evidence such as witness statements, operation orders, morning reports, after action reports, official orders awarding him the Purple Heart, or 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 award him 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:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090015621, dated 18 March 2010.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100021812



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