IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110015991
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 is submitting new material evidence that shows he was wounded in Vietnam.
3. The applicant provides Department of Veterans Affairs (VA) Progress Notes.
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 AR20100028752, on 7 June 2011.
2. He provides VA Progress Notes, dated between June and July 2011, which were not previously considered by the Board; therefore, these notes are considered new evidence and as such, warrant reconsideration by the Board.
3. The applicant was inducted into the Army of the United States on 1 May 1968 and he served in military occupational specialty (MOS) 12A (Pioneer) and MOS 12B (Combat Engineer).
4. In the previous Record of Proceedings it was noted that:
a. He served in Vietnam from 25 September 1968 to 15 September 1969.
b. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and the Purple Heart is not included in item 41 (Awards and Decorations).
c. He was honorably released from active duty on 1 May 1970 and 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) does not include the Purple Heart.
d. His name is not listed on the Vietnam casualty list and no orders for the Purple Heart pertaining to him were locate in the Awards and Decorations Computer-Assisted Retrieval System (an index of general orders issued during the Vietnam era between 1965 and 1973).
5. There is no evidence in his Official Military Personnel File (OMPF) that indicates he was recommended for or awarded the Purple Heart or that he was treated for a combat-related wound.
6. He provides VA Progress Notes that indicate "he was originally wounded in Vietnam as a minesweeper and other symptoms followed this injury which also included a fall."
7. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to correction of his DD Form 214 to show the Purple Heart has been carefully considered.
2. His DA Form 20 contains no entries indicating he was wounded in action and there is no evidence in his OMPF that indicates he was recommended for or awarded the Purple Heart or that he was treated for a combat-related wound. His name is not listed on the Vietnam casualty roster.
3. He provided VA Progress Notes that indicate he was wounded in Vietnam as a minesweeper; however, these notes do not describe the circumstances surrounding his injuries. These notes also failed to confirm that his injury was the result of hostile action, that it required treatment by medical personnel, and that the medical treatment was made a matter of official record. Therefore, in the absence of such evidence, there is simply insufficient evidence to support awarding the applicant the Purple Heart in this case.
4. Based on the foregoing, there is no basis to grant the requested relief.
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 AR20100028752, dated 7 June 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) AR20110015991
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