IN THE CASE OF:	  

		BOARD DATE:	  8 January 2013

		DOCKET NUMBER:  AR20120010710 


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 request for award of the Purple Heart.

2.  The applicant states, in effect, he was wounded in Vietnam and he now has a statement from the skipper of the river boat at the time. 

3.  The applicant provides a statement from a former unit member and a photograph.

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 AR20110002880, on 11 August 2011.  

2.  The applicant provides a statement from a former unit member which was not previously considered.  Therefore, it is considered new evidence and warrants consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 17 October 1966 and he held occupational specialty 61C (Marine Engineer).  

4.  He served in Vietnam from 24 January 1968 to 9 October 1968.  He was assigned to the 1099th Transportation Company.

5.  There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was recommended for or awarded the Purple Heart:

* Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show him in a patient status
* Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury
* His records do not contain general orders awarding him the Purple Heart
* His name is not shown on the Vietnam casualty listing
* The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him
* His records do not contain a Western Union Telegram informing his next of kin of an injury or wound or any Army Adjutant General correspondence regarding an injury
* His service medical records are not available for review; however, his separation physical, dated 11 June 1970, does not show an injury, wound, or treatment  

6.  He submitted a statement from a former unit member.  He states:

	a.  He remembers a mission down the Vinh Trinh Valley in February 1969, particularly a rocket attack on their river boat, a landing craft 30.  The applicant was an engineer on the boat.  They were frequently hit by small arms fire or sniper fire during their trips.  

	b.  On one of the trips, the applicant was manning the machine gun.  An enemy rocket was fired at the boat.  It exploded in the water and blew mud and shrapnel back on the boat.  The applicant was hit by shrapnel to his arm.  A medic was brought on from another boat.  The platoon sergeant commented that the applicant would receive the Purple Heart but the applicant did not want his family to worry.  

	c.  In a second incident, the applicant and another Soldier were on guard duty watching for barrels and debris coming down the river.  One evening, the applicant fired at a 50-gallon drum floating toward the boat.  It exploded and sent shrapnel toward everyone on the boat.  The applicant and the other Soldier were both hit.  Medics were hard to find at the time as this happened right after the Tet offensive.  He (the skipper) removed the shrapnel from both Soldiers and washed their wounds with alcohol.  None of the wounds was life threatening. 

	d.  Both incidents were recorded in his log on the boat.  Both Soldiers deserve the Purple Heart.  

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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.

	a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:  frostbite or trench foot injuries; heat stroke; food 
poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action.

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 orders that show he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster, and his DA Form 20 does not indicate he received a combat related wound.  Additionally, his medical records are not available for review with this case.  

3.  Despite the skipper’s efforts in validating his entitlement to the Purple Heart, none of the conditions for award of the Purple Heart have been met.  First, it is unclear, based on the skipper's statements, if the applicant's alleged injury resulted from a bullet or a piece of rock.  Second, the source or cause of this injury cannot be confirmed.  Third, there are no official medical records documenting this injury or any treatment and his separation physical does not indicate that he received any injuries or wounds.  

4.  Notwithstanding the applicant's contention and sincerity, and notwithstanding the skipper's integrity and recollection of events that occurred over 43 years ago, in the absence of documentation that shows the applicant 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.

5.  The applicant and all others concerned should know that this action 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 AR20110002880, dated 11 August 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)                                         AR20120010710





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ABCMR Record of Proceedings (cont)                                         AR20120010710



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