IN THE CASE OF:	  

		BOARD DATE:	9 August 2011

		DOCKET NUMBER:  AR20110002805


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states, in effect, that at the time of his injury he was attached to the 31st Engineer Battalion.  He further states the incident in question, which resulted in his injury, should be listed in the unit's records.

3.  The applicant provides:

* Letter Orders Number 1-6, Headquarters, 92nd Engineer Battalion, dated 12 January "1970"
* Special Orders Number 13, Headquarters, 92nd Engineer Battalion, dated 13 January 1971
* 4 black and white photographs

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 AR20100015865 on 23 December 2010.

2.  The applicant provides 2 orders and 4 photographs which were not previously considered by the Board; therefore, this new evidence will now be considered by the Board.
3.  The applicant's records show he was inducted into the Army of the United States, for a 2-year term, on 1 July 1969.  He completed training and was awarded military occupational specialty (MOS) 62E (Heavy Construction Equipment Operator).

4.  On 31 January 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve for the remainder of his service obligation.  His DD Form 214 shows he completed 1 year and 7 months of net active service, including 10 months and 25 days of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, and the Army Commendation Medal.  Item 24 does not show award of the Purple Heart.

6.  Item 30 (Remarks) of his DD Form 214 shows he served in the Republic of Vietnam (RVN) from 6 March 1970 through 31 January 1971.  During his service in Vietnam he was assigned to Company D, 92nd Engineer Battalion (Construction).

7.  There is no documentation in his available service record indicating he was wounded in combat or was previously awarded the Purple Heart.  Item              40 (Wounds) of his DA Form 20 is blank.  Likewise, his name is not listed on the Vietnam casualty roster.

8.  A review of his available medical documents did not reveal any information pertaining to the treatment of wounds or injuries sustained during his service in Vietnam.  Item 59 (Distance Vision) of his Standard Form 88 (Report of Medical Examination), dated 31 January 1971, shows his distance vision was 20/20.      In item 73 (Notes) he indicated he was in good health.  There is no mention of any previous eye injuries on his form.

9.  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.

10.  He provides:

   a. Letter Orders Number 1-6, Headquarters, 92nd Engineer Battalion, dated 12 January "1970," which show he was attached to the 31st Engineer Battalion, effective 15 January 1971, for a period of 30 days.
   b. Special Orders Number 13, Headquarters, 92nd Engineer Battalion, dated 13 January 1971, which reassigned him to the U.S. Army Transfer Station, Fort Dix, NJ, effective 29 January 1971.   

   c. 4 black and white photographs which show a wrecked U.S. Army vehicle, a man sitting in the cab of a vehicle, and a bulldozer.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces 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 documentation that shows he was wounded, his wounds were the result of hostile action, were treated by medical personnel, or that such treatment was made part of the official record.  His record is void of orders showing he was awarded the Purple Heart and his name is not shown on the Vietnam casualty roster.

3.  In view of the foregoing, there is still an insufficient basis in which to grant award of the Purple Heart.

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 AR20100015865, dated 23 December 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)                                         AR20110002805



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