IN THE CASE OF:	  

		BOARD DATE:	  8 November 2012

		DOCKET NUMBER:  AR20120004314 


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 for award of the Purple Heart for shrapnel wounds received in Vietnam.

2.  The applicant states he was granted service-connection for shrapnel wounds to the jaw by the Department of Veterans Affairs (VA) based on statements from his platoon sergeant at the time and his physician indicating a history of shrapnel wounds.  He goes on to state he is providing another statement from his platoon sergeant explaining why he did not follow-up with the paperwork at the time and a copy of a radiology report showing he still has shrapnel in his jaw.

3.  The applicant provides a statement from his former platoon sergeant, a radiology report, and a copy of his VA Rating Decision.

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 AR20100025136, on 21 April 2011.

2.  The applicant was inducted into the Army of the United States on 22 May 1968.  He completed his training as an infantryman and he was transferred to Vietnam on 7 November 1968.  He was assigned to Company C, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division.


3.  A review of his record shows that he was awarded the following awards:

* Combat Infantryman Badge – 11 December 1968
* Air Medal – 24 February 1969
* Army Commendation Medal – 10 April 1969
* Bronze Star Medal with “V” Device – 22 May 1969
* Bronze Star Medal with “V” Device 1st Oak Leaf Cluster – 24 May 1969
*  Army Commendation Medal 1st Oak Leaf Cluster – 5 July 1969

4.  He departed Vietnam on 30 July 1969 and he was transferred to Hawaii where he remained until he was transferred to Oakland Army Base, CA.  He was honorably released from active duty (REFRAD) in the rank/grade of sergeant (SGT)/E-5 as an overseas returnee.  He served 1 year, 11 months, and 26 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Air Medal
* Bronze Star Medal
* Combat Infantryman Badge

5.  A review of the applicant's available record contains no evidence of him being wounded in action or a record of treatment for any wounds incurred during his service in Vietnam.

6.  The letter provided by the applicant with his application from his platoon sergeant indicates that near the time of 6-9 April 1969, his unit was in combat most of the time and he simply forgot to submit the applicant for award of the Purple Heart because he was concerned with the more seriously wounded and dead casualties at the time.  He contends he was responsible for the applicant not getting the Purple Heart and asserts it should be awarded at this time.

7.  The Radiology Report provided by the applicant, dated 5 January 2012, indicates there are multiple shrapnel fragments in the soft tissue superficial to the left mandible.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating 


evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was wounded in Vietnam as a result of enemy action is not in question, he has failed to provide sufficient corroborating evidence that shows he was wounded as a result of hostile action, that he was treated by a medical officer, and that the treatment was made a matter of record.

2.  It is also noted that the wound was alleged to have occurred in early April 1969 and he was awarded the Army Commendation Medal on 10 April 1969, two awards of the Bronze Star Medal with "V" Device, and another award of the Army commendation Medal by 5 July 1969.  He departed Vietnam for Hawaii and continued to serve until 17 May 1970.  

3.  However, there is no evidence that shows he raised the issue of shrapnel wounds or the Purple Heart at the time of his separation or until 40+ years after the fact.

4.  It is also noted that the award of the Purple Heart is an entitlement based on being wounded as a result of enemy action and treatment for such wounds being made a matter of record.  Any medical personnel, to include unit medics may fill out a treatment record and forward it for award of the Purple Heart as can anyone having knowledge that all criteria for the award has been met.

5.  While the applicant’s platoon sergeant accepts the responsibility for the applicant not getting his purple heart, it does not explain why it was not accomplished after returning to base camp, especially given the number of awards that were issued shortly after the incident in question.  Additionally, the applicant was a noncommissioned officer and he should have known the procedures and criteria sufficiently to surface the issue before it became stale.

6.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 AR20100025136, dated 21 April 2011.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20120004314



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ABCMR Record of Proceedings (cont)                                         AR20120004314



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