BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120002871
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 petition for award of the Purple Heart.
2. The applicant states:
a. he submits new and material evidence with his request for the PH which confirms he was wounded in action; and
b. he actually agrees with the ABCMR's original decision based on the evidence he submitted with his initial application as he did not realize how detailed his request needed to be.
3. The applicant provides:
* Self-authored statement
* Standard Form 600 (Chronological Record of Medical Care) (5 pages)
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 AR2011012742 on 22 December 2011.
2. The applicant provides four additional pages of his medical treatment record that were not previously considered by the Board. As such, the new evidence will be considered by this Board.
3. During its original review of the case, the Board determined the applicant's record did not show and he did not provide any conclusive evidence to show he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter official record. The one-page record of treatment he provided did not show, at a minimum, the name of the Soldier who received the medical treatment. As a result, his request for PH was denied.
4. The applicant was inducted into the Army of the United States on
10 December 1968 and he continued to serve until he was honorably released from active duty on 12 July 1970 as an overseas returnee. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year 7 months, and 3 days of total active service.
5. The PH is not included among the list of awards shown on the DD Form 214. His record remains void of any orders or other documents to show he was awarded or recommended for award of the PH.
6. The applicant now provides five pages of medical documents which include an entry that shows:
a. on 1 April 1970, he received medical treatment at Headquarters and Headquarters Company, 173rd Airborne Brigade, Aid Station;
b. patient tripped and fell during his defensive maneuver during an incoming mortar attack and abraded his right knee;
c. his injury was considered a minor superficial abrasion which showed no swelling, no ecchymosis (bruising), normal range of motion, no evidence of a fracture;
d. his abrasions was cleaned, merthiolate (once widely used germicide) and dressing was applied, a tetanus toxoid was administered; and
e. he was returned to duty with notification that he was wounded in action and injured as a result of hostile action.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.
a. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action and must have been made a matter of official record.
b. Army Regulation 600-8-22 also states that when contemplating an award of the Purple Heart the key issue commanders must take into consideration is the degree to which the enemy caused the injury.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding the medical evidence that shows the applicant was wounded in action, in direct contradiction it also shows his wound was determined to be a superficial minor abrasion of his right knee that he sustained when he tripped and fell during his defensive maneuver under an incoming mortar attack.
2. However, there is insufficient evidence to show his commander determined the enemy caused the applicant's injury, and he provides insufficient evidence now to show the enemy caused it, to a degree sufficient to satisfy the regulatory criteria necessary for the award of the Purple Heart.
3. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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 AR20110012742 dated 22 December 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) AR20120002871
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