BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110015698
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 to be awarded the Purple Heart (PH).
2. The applicant states he is providing new evidence that confirms his combat wound inflicted on 21 April 1971 in the Republic of Vietnam (RVN).
3. The applicant provides a unit daily journal report for 21 April 1971.
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 AR20100015554 on 23 November 2010.
2. During its original review of the case, the Board found no evidence of record indicating he was ever wounded as a result of enemy action and/or ever treated for a combat-related wound while serving in the RVN.
3. The applicant provides a unit daily journal for 21 April 1971 that contains an entry indicating three individuals including the applicant were wounded in a grenade explosion in the post exchange (PX). It indicates the applicant received slight fragment wounds and the battalion surgeon requested medical evacuation.
4. The applicant's record is void of orders or documents indicating he was awarded the PH by his unit or a hospital commander in the RVN. Further, his name is not listed on the Department of the Army Vietnam casualty roster, the official list of RVN battle casualties. In addition, his record is void of medical treatment records indicating he was ever treated for a combat-related wound or injury.
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-8 contains guidance on award of the PH. It states in order to award the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for reconsideration of his earlier petition to be awarded the PH and the daily journal report he submits in support of his request have been carefully considered. However, there is still insufficient evidence to support this claim.
2. The daily journal, while confirming the applicant was slightly wounded in a grenade explosion in the PX on 21 April 1971 and that medical evacuation was requested, fails to provide any evidence confirming this explosion was the result of enemy action and there are no medical treatment records available confirming the applicant was treated for his wounds.
3. Given the daily journal report exists and clearly shows the chain of command was aware of the incident and those wounded and the lack of any PH award or medical treatment records for the applicant, it is reasonable to presume the incident was not the result of enemy action or the applicant did not require medical treatment for his wounds. Absent evidence confirming the wounds suffered by the applicant on 21 April 1971 were the result of enemy action or confirmation of his treatment for combat-related wounds, there remains an insufficient evidentiary basis to support award of the PH or amendment of the original decision 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 AR20100015554, dated 23 November 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) AR20110015698
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ABCMR Record of Proceedings (cont) AR20110015698
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