IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110012281 


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 suffered a shrapnel wound to his right shoulder while serving in the Republic of Vietnam (RVN).

3.  The applicant provides a copy of a June 2011 radiology report and his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 AR20070009322 on 27 November 2007.

2.  The applicant was inducted into the U.S. Army on 3 November 1965.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  item 31 (Foreign Service):  Vietnam from 2 August 1966 through 5 August 1967;

	b.  item 38 (Record of Assignments):  Company A, 5th Battalion, 7th Cavalry, 1st  Air Cavalry Division (Airmobile), from 20 August 1966 through 2 August 1967;

	c.  item 40 (Wounds):  contains no entries; and

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

4.  Two DA Forms 8-275-3 (Clinical Record Cover Sheets) show the applicant:

	a.  was admitted to the 67th Evacuation Hospital (Airmobile) on 16 May 1967, diagnosed with "malaria plasmodium falciparum," and transferred to the
6th Convalescent Center, RVN on 20 May 1967; and

	b.  was admitted to the 6th Convalescent Center on 20 May 1967, diagnosed with "malaria plasmodium falciparum" and a "Cyst, sebaceous of right ear," and returned to duty on 16 June 1967.

5.  A Standard Form (SF) 89 (Report of Medical History) completed by the applicant at the time of his separation examination does not show any entry pertaining to a shoulder injury.

	a.  in response to item 33 (Have You Ever Had Any Illness or Injury Other Than Those Already Noted?), the applicant placed a checkmark in the "No" column; and 

	b.  the applicant and examining physician each placed their signature on the document on 6 August 1967.

6.  An SF 88 (Report of Medal Examination), dated  6 August 1967, shows the examining medical doctor found the applicant qualified for separation.  Item 73 (Notes and Significant or Interval History) and item 74 (Summary of Defects and Diagnoses) do not show any entries.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 6 August 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  item 22 (Statement of Service), block b (Total Active Service) shows he completed 1 year, 9 months, and 4 days of total active service; and


	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), as corrected by a DD Form 215 (Correction to DD Form 214), dated 16 July 2008, does not show the Purple Heart.

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

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

10.  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.

11.  In support of his application, the applicant provides a Department of Veterans Affairs, Radiology Report, that shows he reported a history of a metal fragment in his right shoulder.  An MRI was completed on 1 June 2011 that revealed a metal fragment measuring 5 millimeters in length that is embedded in the soft tissues of the upper arm.  The radiologist's impression was a "sharp metal fragment in posterolateral soft tissues of the upper arm."
   
12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his request for award of the Purple Heart should be reconsidered based on the radiology report he now submits.

2.  The applicant's claim was carefully considered.

   a.  The radiology report shows a small metal fragment is embedded in the applicant's upper right arm.  However, the report is based on an MRI completed almost 44 years after the applicant served in Vietnam and it offers no evidence that he was wounded in action in Vietnam.  Thus, this evidence alone is insufficient to satisfy the strict requirement for award of the Purple Heart.
   
   b.  There is no evidence the applicant was wounded or injured in action in the face of the armed enemy or as a result of a hostile act of such enemy.
   
   c.  There is no record of medical treatment to satisfy the strict requirement for award of the Purple Heart.

   d.  In addition, 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, 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 available evidence fails to satisfy the requirements.

4.  In view of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart.
   
5.  The applicant and all others concerned should 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.

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 AR20070009322, dated 27 November 2007.




      _______ _   _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)                                         AR20110012281



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ABCMR Record of Proceedings (cont)                                         AR20110012281



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