IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120003241
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 previous request for award of the Purple Heart.
2. The applicant states he was injured by hostile military actions while on convoy with the 2nd Squadron, 1st Cavalry in October or November of 1969 in the Republic of Vietnam (RVN). He contends he was airlifted to a Mobile Army Surgical Hospital (MASH).
3. The applicant provides a witness statement and four photographs.
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 AR20110011705, on 22 November 2011.
2. The applicant provides as new evidence a witness statement and four photographs which were not previously reviewed by the ABCMR and warrant consideration by the Board.
3. He was inducted into the Army of the United States on 26 March 1969. He held military occupational specialty (MOS) 11D and served in the RVN from on or about 21 September 1969 to 20 September 1970. He was assigned to C Troop, 2nd Squadron, 1st Cavalry.
4. On 25 March 1971, he was honorably released from active duty after completing 2 years of net active service.
5. His official military personnel file is void of documentation showing he was wounded or that he was awarded the Purple Heart.
6. In support of his previous application, he provided a witness statement which describes the events which led to the applicant's injury. The witness states the two were assigned to the same unit, 1st Platoon, C Troop, 2nd Squadron, 1st Cavalry, in the RVN between 1969 and 1970. He contends the applicant was injured providing support for a convoy of engineers that was picked up at Whiskey Mountain and had to go through their area of operation and be turned over to B Troop on the other side of the Camel Mountains. The convoy they were in was split when some children drove a herd of cattle onto the road. The children went into hiding and the convoy was ambushed by the Viet Cong. The applicant's armored personnel carrier (APC) stopped running and was either hit by a rocket propelled grenade (RPG) or a land mine. He believes the applicant was sprayed on his face and upper body. After the area was secured, the crew was picked up and put on a helicopter and sent to a MASH unit for medical treatment. The applicant returned to the firebase bandaged from his wrist to his shoulder.
7. He also provides two photographs of himself with a bandage on his right arm, one photograph of him standing in front of a military vehicle, and a photograph of what appears to be two Vietnamese women.
8. 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.
9. Army Regulation 600-8-22 further states approved awards of the Purple Heart require the publication of orders.
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 evidence that shows 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.
3. The witness statement he provides details the incident that resulted in the applicant's injury and he provides photographs that show his arm was bandaged; 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 his 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 AR20110011705, dated 22 November 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) AR20120003241
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ABCMR Record of Proceedings (cont) AR20120003241
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