IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110012856
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 correction of his military records to show award of the Purple Heart for wounds received in action in the Republic of Vietnam (RVN).
2. The applicant states he was denied award of the Purple Heart because he was not listed on the Vietnam casualty list and a lack of evidence. He states his Department of Veterans Affairs (VA) Rating Decision, dated 9 May 2011, shows he was wounded in action in the RVN.
3. The applicant provides a copy of his VA Rating Decision, dated 9 May 2011.
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 AR20100007131 on 24 August 2010.
2. The VA Rating Decision provided by the applicant is new evidence that should be considered by the Board.
3. The original Record of Proceedings states:
a. the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was wounded;
b. there was an absence of evidence showing the applicant had been wounded or injured as a result of hostile action; and
c. the regulatory burden of proof necessary to support award of the Purple Heart had not been met.
4. The applicant's VA Rating Decision, dated 9 May 2011, states his service treatment records, dated 11 August 1969, recorded that a chest x-ray was performed in which a small metal fragment of shrapnel was detected in his upper right chest. A subsequent VA orthopedic examination performed on 27 March 1970 recorded that the applicant reported he had sustained shrapnel wounds to his right shoulder in June 1969 which had been cleaned and treated. The VA granted service connection for this finding rated at zero percent disabling.
5. The applicant's name is not listed on the Vietnam casualty roster.
6. Item 40 (Wounds) of the applicant's DA Form 20 (Record Enlisted Qualification) is blank.
7. The applicant's service medical records are not available for review.
8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is 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.
9. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, was wounded or killed or who 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 medical treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show award of the Purple Heart for wounds received in the RVN.
2. The VA Rating Decision provided by the applicant clearly states the applicant's service medical records contain an x-ray from August 1969 showing he had a small piece of metal in his right shoulder. Based on the applicant's statement to the VA in March 1970 that he had sustained shrapnel wounds to his right shoulder in June 1969 which had been cleaned and treated, the VA made the decision to grant him service connection for this injury.
3. Unfortunately, the applicant's service medical records are not available for review; particularly, his records from June 1969 showing the circumstances surrounding how he received the metal fragment in his shoulder and the subsequent medical treatment of the original wound. Without such documentary evidence showing he was wounded as a result of enemy action, he has not met the burden of proof necessary for award of the Purple Heart.
4. In view of the above, the applicant's request should be denied.
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 AR20100007131, dated 24 August 2010.
_______ _ 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) AR20110012856
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ABCMR Record of Proceedings (cont) AR20110012856
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