IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110002893 


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 request for award of the Purple Heart.

2.  The applicant states he understands his original request was denied due to lack of proof.  However, the evidence he provided with his original request shows he sustained head and neck wounds on 25 August 1969, he was treated for the wounds and received five sutures while at the field medical aid station that same day, and then received medical treatment the next day (26 August 1969) at his battalion's medical aid station.

   a.  The Army Board for Correction of Military Records (ABCMR), Record of Proceedings, indicates he received medical treatment for his injury on 26 August 1969, but does not mention that it occurred and was treated on 25 August 1969.

   b.  He states a closer review of the two medical documents he submitted with his original request, and which he resubmits with his request for reconsideration, will confirm both the immediate and follow-up medical treatment he received for his wounds.

   c.  He acknowledges that the medical documentation prepared at the time is brief and informal, but that does not mean the injury did not occur during an attack of the base.  He requests further review of the evidence in his case.

3.  The applicant provides copies of two documents, one that is clearly identified as a Standard Form (SF) 600 (Chronological Record of Medical Care); however, the second form is not clearly identified.

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 AR20100020203, on 12 January 2011.

2.  The applicant enlisted in the Regular Army for a period of 3 years on
21 March 1968.  He was awarded military occupational specialty (MOS) 12A (Pioneer).  On 17 February 1969, he was promoted to specialist four/pay grade E-4 and awarded MOS 12B (Combat Engineer).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 2 October 1968 through 1 October 1969;

	b.  item 38 (Record of Assignments) that he was assigned to Company A,
31st Engineer Battalion (Combat) (Assault), from 7 October 1968 through
27 September 1969;

	c.  item 40 (Wounds) no entry (blank); and

	d.  item 41 (Awards and Decorations) no listing of the Purple Heart.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on
19 March 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 2 years, 11 months, and 29 days of net active service this period, including 1 year of foreign service in the RVN.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show the Purple Heart.

5.  A review of the applicant's military personnel records failed to reveal any evidence he was authorized or awarded the Purple Heart.

6.  A review of the Vietnam casualty listing does not contain the applicant's name.

7.  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 orders for the Purple Heart pertaining to the applicant.

8.  A Department of Veterans Affairs (VA), Request for Information, File Number:   26 --- -79, dated 23 August 1999, shows the VA requested information from the applicant's military service records related to his assignments, participation in combat, wounds in action, awards and decorations, and travel outside the United States.  The requested records were mailed by National Personnel Records Center to the VA on 6 September 2000.

9.  In support of his request for reconsideration, the applicant provides the following documents:

   a.  A form that is not clearly identified by a form number or title.  It shows the applicant was assigned to Company A, 31st Engineer Battalion; on 25 August 1969 he arrived at Headquarters and Service Company, 15th Medical Battalion, 1st Air Cavalry Division, RVN, with a cut in the upper portion of his left eyebrow; and the injury required five sutures.   The applicant's VA file number is written on the document.

   b.  A Chronological Record of Medical Care that shows the applicant was assigned to the 31st Engineer Battalion; on 26 August 1969 he reported to the 31stn Engineer Battalion Aid Station, RVN; medical personnel changed the dressing on the laceration on his forehead; and the applicant was returned to duty.  The applicant's VA file number is written on the document.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The Purple Heart is awarded to any member who was wounded or killed in action.
A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.  It also states that 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his request for award of the Purple Heart should be reconsidered because the two medical documents he provides offer proof that he sustained head and neck wounds on 25 August 1969, he was treated for the wounds at the field medical aid station that same day, and he received follow-up medical treatment on 26 August 1969 at his battalion's medical aid station.

2.  The applicant's claim was carefully considered.

   a.  The evidence of record indicates the documents he provides originated from his military service records and that they were provided to the VA in support of his VA claim.  Thus, the authenticity of the documents he provides in support of his claim is not in question.

   b.  There is no evidence that the applicant sustained "head and neck wounds" [emphasis added] on 25 August 1969.

   c.  The evidence of record shows the applicant received medical treatment on 25 August 1969 for a cut in the upper portion of his left eyebrow and the medical treatment was made a matter of official record.  However, the medical documents offer no evidence that the applicant's injury was received in action in the face of the armed enemy or as a result of a hostile act of such enemy.  

   d.  Item 40 of the applicant's DA Form 20 does not show he was wounded in action, the applicant's name is not listed on the Vietnam casualty listing, and there is no evidence the applicant was awarded the Purple Heart.

3.  The sincerity of the applicant's claim is not in question.  However, in order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made was sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy [emphasis added], the wound required treatment by medical personnel, and the medical treatment for the wound or injury must have been made a matter of official record.  The evidence of record fails to satisfy the criteria.

4.  In view of all of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart.


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 AR20100020203, dated 12 January 2011.




      _______ _   _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)                                         AR20110002893



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ABCMR Record of Proceedings (cont)                                         AR20110002893



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