IN THE CASE OF:	  

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120008220 


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:

	a.  although he drew blood in a combat zone under enemy fire, his wound was not life threatening and he did not realize he was entitled to the Purple Heart until it was recently brought to his attention by his unit's former company clerk.

	b.  although he was treated at the local medical station, he declined going to the battalion medical facility so he could return to lead the Soldiers for whom he was responsible, in order to stay with his unit since it was under hostile fire. 

	c.  the U.S. Army commissioned officers and senior noncommissioned officers appointed over him failed to document his combat wound that qualified him for award of the Purple Heart.

	d.  it appears the Army lost his medical records and those of all the surviving members of his unit.  His medical records would verify his eligibility and authorization to receive the Purple Heart.  He did receive a wound that qualifies for the Purple Heart.




3.  The applicant provides:

* Notarized statements from fellow Soldiers
* Statement regarding the Army's failure to properly safeguard his medical records
* Information concerning his assignment to the 165th Amphibious Transportation Company
* DA Form 1594 (Daily Staff Journal or Duty Officer's Log)
* Maps of Vietnam and Thailand
* Photographs of Soldiers 

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 AR20100027596, on 2 June 2011.

2.  The applicant provided an eyewitness statement, dated 11 November 2011, from a fellow Soldier who attests the applicant was wounded on 5 April 1968 after they were attacked by mortar and rocket fire.

3.  He provided numerous statements, dated 20 December 2011, from a fellow Soldier attesting:

* the applicant received a shrapnel wound to his hand/wrist area during a rocket artillery attack on 5 April 1968
* he went on sick call to the battalion field first aid station
* there are no medical records available for reference 

4.  He provided a DA Form 1594 which shows he reported for sick call on 5 April 1968.  

5.  The documentation provided by the applicant is new evidence that will be considered by the Board.

6.  The applicant was inducted into the Army of the United States on 28 June 1966.  On 4 July 1966, he was honorably discharged for enlistment in the Regular Army (RA).  He enlisted in the RA on 5 July 1966.  He completed his training and was awarded military occupational specialty (MOS) 61C (marine engineer) and later MOS 61E (marine engineer repairman) .   He served in Vietnam from 19 March 1968 to 5 February 1969.  On 6 February 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

7.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart as an authorized award.

8.  There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

9.  His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) is blank.  His name does not appear on the Vietnam casualty roster.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, maintained by the Military Awards Branch of the U.S. Army Human Resources Command failed to reveal orders awarding the applicant the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under hostile action.  A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded in Vietnam on 5 April 1968, he received medical treatment for the wound, and he never received the Purple Heart.

2.  Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards.  The Purple Heart requires:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records

3.  Although the DA Form 1594 shows he reported to sick call on 5 April 1968, it does not mention any injuries or wounds sustained as a result of hostile action.
4.  There is no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam.  Regrettably, in the absence of corroborating evidence showing he was injured and treated for wounds as a result of hostile action in Vietnam the eyewitness statements and documentation provided by the applicant are not sufficient as a basis for awarding the Purple Heart.

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 AR20100027596, dated 2 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)                                         AR20120008220





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ABCMR Record of Proceedings (cont)                                         AR20120008220



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