IN THE CASE OF:	  

		BOARD DATE:  24 May 2012

		DOCKET NUMBER:  AR20110023546 


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.  As a new issue, he requests award of the Bronze Star Medal. 

3.  The applicant states he did not get the requested awards due to a clerical error. 

4.  The applicant provides:

* Department of Veterans Affairs rating decision
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 April 1972
* Letter from his former unit regarding the Purple Heart

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 AR20050002248 on 8 September 2005.



2.  The applicant submitted a copy of his VA rating decision which was not previously reviewed by the ABCMR.  Although it is submitted beyond the one-year window allowed for a request for reconsideration it is considered new evidence and as an exception to policy warrants consideration by the Board.

3.  With respect to the Bronze Star Medal, based upon his application, the evidence of record, and the documents he submitted it does not appear he was recommended for or awarded the Bronze Star Medal.  

	a.  Nevertheless, section 1130 of the U.S. Code (Title 10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, the applicant must submit a DA Form 638 (Recommendation for Award.  The DA Form 638 should clearly identify his unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638.  In addition, his award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	b.  Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, he must submit his request through a Member of Congress who will send it to the United States Army Human Resources Command (AHRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	c.  If the applicant chooses to pursue the award requested by submitting a request under the provisions of Title 10 USC 1130, and his request is subsequently denied by AHRC, he may reapply to the ABCMR.  Therefore, the Bronze Star Medal will not be discussed further in the Record of Proceedings. 

4.  The applicant's records show he enlisted in the Army National Guard (ARNG) on 19 January 1965.  He entered active duty for training (ADT) on 25 July 1966 and completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was released from ADT on 27 November 1966.

5.  He was ordered to active duty on 1 October 1970 and subsequently served in Vietnam with the 482nd Military Police Platoon from on or about 19 July 1971 to on or about 28 March 1972.  

6.  He was honorably released from active duty on 14 April 1972 to the control of the State ARNG.  His DD Form 214 does not list award of the Purple Heart.  

7.  On 17 April 1972, by letter to the Awards and Decorations Branch, Department of the Army, an assistant adjutant general stated that the applicant's health records indicated he was wounded on 28 January 1972 while serving with his unit in Vietnam.  He requested verification of wounds received and issuance of the Purple Heart. 

8.  Although his records do not contain a response to this letter there is nothing in five typical sources that confirms he was wounded in action and treated for his wounds:

* His name is not shown on the Vietnam casualty roster
* His service medical records are not available for review with this case
* There are no orders on file that show he was awarded the Purple Heart
* His DA Form 20 (Enlisted Qualification Record) which would have listed a combat wound in item 40 (Wounds) is not available for review with this case
* A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him

9.  He submitted a copy of his VA rating decision, dated 23 March 2005, which shows he was awarded service-connected disability compensation for post-traumatic stress disorder, peripheral neuropathy to the left and right lower and upper extremities, and residual of shrapnel wound to the left leg and stomach. 

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster.  His service medical records are not available for review with this case.  The VA rating decision he provides does not confirm he was wounded as a result of hostile action or that he required treatment by medical personnel.  

3.  The letter he provides shows an official stated the applicant was wounded on 28 January 1972 and requested verification of his entitlement to the Purple Heart. However, there is no conclusive evidence that the wound was caused by the enemy and there are no service medical records to show treatment.  

4.  Notwithstanding the applicant's contention and sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon 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 AR20050002248, dated 8 September 2005.



      __________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)                                         AR20110023546



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ABCMR Record of Proceedings (cont)                                         AR20110023546



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