IN THE CASE OF:	  

		BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110014948 


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, in effect, he does not think the Board reviewed his unit's records or morning reports for the specifics of the jeep accident that occurred in July 1968 in Vietnam.  He also states the Board should obtain those records and reconsider the denial.  Although he is not very clear on the specific details of that accident (he suffered a traumatic brain injury in the accident), he was a machine gunner on the lead jeep in a convoy.  He remembers being in the jeep and he woke up in a hospital.  He feels certain he either took enemy fire or rode over a mine that caused his jeep to overturn on that day.  

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 AR20100025460, on 3 May 2011.

2.  The applicant did not submit any new documentary evidence; however, he submitted a new argument.  This argument, which was not previously reviewed by the ABCMR, 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 8 May 1967 and held military occupational specialty 36K (Wireman).  He arrived in Vietnam on or about 14 October 1967 and he was assigned to Company D, 51st Infantry.  

4.  On or about 16 August 1968, he was hospitalized in Vietnam.  The facts and circumstances surrounding his incident and subsequent hospitalization are not available for review with this case.

5.  On 25 August 1968, he was transferred in a patient status to the 106th General Hospital in Japan.  On 29 August 1968, he was further transferred to the U.S. Army Hospital at Fort Gordon, GA.

6.  On 7 May 1969, he was honorably released from active duty and 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 (Armed Forces of the United States Report of Transfer or Discharge) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* One Overseas Service Bar
* Army Good Conduct Medal (1st Award)

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

* item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat injury or wound
* 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) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that 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:

	a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:  frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include an explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action.

9.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR considers individual applications that are properly brought before it.  In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases on the evidence of record.  It is not an investigative body 

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.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  The ABCMR will decide cases on the evidence of record; it is not an investigative body. 

4.  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 AR20100025460, dated 3 May 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)                                         AR20110014948



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ABCMR Record of Proceedings (cont)                                         AR20110014948



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