IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110005101 


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 awarded service-connected disability compensation for a wound to the right side of his face.  He was awarded the Purple Heart at the scene, but he never received the paperwork.  He also states he served in Vietnam from 5 January 1968 to 5 January 1969.  In August, he was at a forward fire base with Battery B, 7th Battalion, 11th Field Artillery.  They came under attack at around 1130 hours on 22 August 1968.  A mortar round landed near the front of where he was sleeping.  He was hit under his right eye and his arm.  A medic bandaged his eye and put some stuff on his arm.  He went back to the fight.  He further states he earned the Army Commendation Medal and the Purple Heart for his actions on that day.  He received the medal at the time.  He cannot now locate the paperwork.  He ultimately received service-connected disability compensation for this wound.

3.  The applicant did not provide any evidence.

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 AR20080009487 on 13 August 2008.

2.  The applicant provides a new argument which was not previously considered by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  His records show he was inducted into the Army of the United States on 16 August 1967 and held military occupational specialty 13E (Field Artillery Intelligence Operator).

4.  He served in Vietnam from 14 January 1968 to on or about 9 January 1969.  He was assigned to Battery B, 7th Battalion, 11th Artillery.

5.  He was honorably released from active duty on 16 August 1969 and he was transferred to the U.S. Army Reserve.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  He was awarded the Army Commendation Medal with "V" Device for heroism on 22 August 1968.  The orders cite his actions on that day but do not indicate he was injured or wounded.

7.  Nothing in six typical source documents shows he was wounded in action or was awarded the Purple Heart.

* item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat injury
* item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart
* his name is not listed on the Vietnam casualty roster
* his medical records are not available for review with this case
* 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 Purple Heart orders for him
* his service record is void of a Western Union telegram or an official Army message notifying his next of kin of a combat injury

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.  To qualify for award of the Purple Heart, substantiating evidence must be provided to verify 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.

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 personnel, and the medical treatment must have been made a matter of official record.

2.  In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 does not show he was wounded in action, his medical records are not available for review with this case, and his service record is void of orders that show he was awarded the Purple Heart.  His record is also void of any official Army correspondence or Western Union telegrams and there is no conclusive evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds.

3.  Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that led to his alleged injury, 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:

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 AR20080009487, dated 13 August 2008.



      ________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)                                         AR20110005101



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ABCMR Record of Proceedings (cont)                                         AR20110005101



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