BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110012639
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 an earlier request for award of the Purple Heart.
2. The applicant states:
* he was injured on 7 June 1969 in Vietnam during the incident for which he received the Army Commendation Medal with "V" Device
* he received shrapnel wounds to his left mandible when a new guy stepped on a land mine
* he was treated for his injuries
3. The applicant provides:
* letter, dated 31 May 2011, from a Member of Congress
* letter, dated 24 May 2011, from the Awards and Decorations Branch, U.S. Army Human Resources Command, Fort Knox, KY
* Department of Veterans Affairs (DVA) Rating Decision, dated
28 September 2009
* Award certificate for the Army Commendation Medal with "V" Device
* DVA documents
* Service medical records
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 AR20100019698, on 22 February 2011.
2. He provided a service medical record, dated 9 August 1969, which states he sustained a fragment wound to the left mandible "3 mo [months] ago." He provided a VA Form 21-2507 (Request for Physical Examination), dated 10 June 1970, which indicates he fractured his left mandible. He also provided a radiographic report, dated 24 July 1970, which states "There is one fragment of metallic density which projects over the ramus of the left mandible."
3. The DVA Rating Decision provided by the applicant states, in pertinent part, "Service treatment records dated August 9, 1969 note you were having pain in your left jaw after a fragment wound, so exposure to combat is conceded."
4. The documentation provided by the applicant is new evidence that will be considered by the Board.
5. The applicant was inducted into the Army of the United States on 22 March 1968. He completed his training and was awarded military occupational specialty 64A (light vehicle driver). He served in Vietnam from 31 August 1968 to
23 August 1969. On 20 March 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.
7. There are no orders for the Purple Heart in the available records.
8. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. His name does not appear on the Vietnam casualty roster.
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. Orders, dated 9 June 1969, show he received the Army Commendation Medal with "V" Device for heroism on 7 June 1969 in Vietnam. The citation makes no mention of the applicant being injured.
11. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. 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 applicant requests award of the Purple Heart.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* a wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
* official orders awarding the decoration
3. He indicates he was wounded in Vietnam on 7 June 1969 during the incident for which he was awarded the Army Commendation Medal with "V" Device. The citation for award of the Army Commendation Medal makes no mention of him being injured.
4. There are no orders for the Purple Heart in the available records.
5. There is no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam. In the absence of corroborating evidence showing he was injured and treated for wounds as a result of hostile action in Vietnam, the service medical record which indicates he sustained a fragment wound to his left jaw in 1969 is not sufficient as a basis for awarding the Purple Heart. Regrettably, there is insufficient evidence on which to base award of 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100019698, dated 22 February 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) AR20110012639
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ABCMR Record of Proceedings (cont) AR20110012639
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