IN THE CASE OF: 

		BOARD DATE:	    20 December 2012

		DOCKET NUMBER:  AR20120010594 


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 he should be awarded the Purple Heart based on an attack he and his fellow Soldiers were subjected to which resulted in the death of his platoon leader on 9 October 1967, in Phu Li, Republic of Vietnam.  He further states he has been diagnosed with Post-Traumatic Stress Disorder (PTSD) as the result of this event.

3.  The applicant provides:

* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* Standard Form 180 (Request Pertaining to Military Records)
* one-page medical progress note
* 2 "buddy" statements
* 2 letters of support
* two-page memorial program

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 AR20110021832, on 24 April 2012.
2.  The applicant provided witness statements, letters of support, a medical progress note, and a memorial program.  These documents were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such, warrant consideration by the Board.

3.  The applicant’s record shows he was inducted into the Army of the United States on 29 November 1966.  He successfully completed training and was awarded military occupational specialty 12A (Pioneer).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 16 September 1967 to 30 July 1968.  Item 40 (Wounds) contains no entry.

5.  On 3 August 1968, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  On 28 November 1972, he was honorably discharged from the USAR Control Group (Standby) at the expiration of his term of service.

6.  The applicant’s record is void of any orders or other documents which indicate he was recommended for or awarded the Purple Heart by proper authority while serving on active duty.  It also contains no medical records showing he was wounded as a result of hostile action or treated for such wounds.

7.  The Vietnam casualty listing does not include the applicant's name.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any orders for the Purple Heart pertaining to the applicant.

9.  The applicant provides:

   a.  page 12 of a medical progress note, PTSD Checklist C, dated 5 April 2012, which indicates a suggested diagnosis of PTSD. 

   b.  a letter from a former squad member who states while returning to base camp their vehicles were ambushed with automatic weapons fire and rocket propelled grenades (RPG).  The applicant's truck was hit by two RPGs and he was knocked unconscious and suffered from shrapnel wounds.
   c.  a letter from a former squad member who states he was in the front of a truck with the applicant riding in the rear.  On 9 October 1967, the enemy ambushed their truck near the Phu Li bridge and their platoon leader was killed in action.
   
   d.  a letter from his mother who states the applicant has never been the same since returning from his service in Vietnam.
   
   e.  a letter from his spouse who attests to the applicant's behavior since returning from service in Vietnam.
   
   f.  the program from his former platoon leader's funeral. 

10.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the Purple Heart.  It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully reconsidered and it was determined there is insufficient evidence to support his request.

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria.  Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.

3.  In this case, the applicant's medical records and item 40 of the applicant’s    DA Form 20 contain no entry to indicate he was wounded in action.  In addition, his name is not included on the Vietnam casualty listing, the official Department of the Army list of Vietnam battle casualties.  

4.  Although he claims he was wounded, there is no evidence in his records and he did not provide sufficient evidence which shows he was wounded or injured as a result of hostile action or treated for such wounds or that his treatment was made a matter of official record.  In the absence of evidence which shows he was wounded or injured as a result of hostile action and treated for those wounds, regrettably, there is still insufficient evidence upon which to base award of the Purple Heart.

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 AR20110021832, dated 24 April 2012.

2.  The action in regard to the Purple Heart in no way diminishes the sacrifices made by the applicant in service to our Nation.  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)                                         AR20120010594



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ABCMR Record of Proceedings (cont)                                         AR20120010594



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