IN THE CASE OF:	

		BOARD DATE:	  23 April 2013

		DOCKET NUMBER:  AR20120017072 


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 to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he has new evidence that will show he was treated for wounds from enemy shrapnel.  He is providing a statement from the combat medic who treated his wounds.  He states he came across pictures of the combat medic on the 9th Infantry Internet website.  He was able to contact him and the combat medic provided a statement in his behalf for award of the Purple Heart.

3.  The applicant provides a witness statement, dated 27 June 2012.

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 AR20110016172 on 22 February 2012.

2.  The witness statement provided by the applicant is new evidence that warrants reconsideration.

3.  The applicant was inducted into the Army of the United States on 20 July 1966.  He completed training and was awarded military occupational specialty (MOS) 94A (Food Service Apprentice).  He was later awarded MOS 12B (Combat Engineer).

4.  The applicant was assigned to Company B, 9th Signal Battalion, 9th Infantry Division, in the Republic of Vietnam (RVN) on 24 May 1967.  He was reassigned to Company B, 15th Engineer Battalion, 9th Infantry Division, on 20 November 1967.  On 18 June 1968, he departed the RVN.

5.  Item 39 (Identifying Body Marks, Scars, Tattoos) of the applicant's Standard Form 88 (Report of Medical Examination), dated 20 June 1968, shows no abnormalities.

6.  His Standard Form 89 (Report of Medical History), dated 20 June 1968, shows he was being separated and he stated he was in good health.  Item 33 (Have you ever had any illness or injury other than those already noted?) shows he indicated "No."

7.  The applicant was honorably released from active duty on 20 June 1968.

8.  The applicant's DD Form 214 does not show award of the Purple Heart.

9.  There are no general orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.  The applicant's name is not listed on the Vietnam casualty roster.

10.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded and item 41 (Awards and Decorations) does not show award of the Purple Heart.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for award of the Purple Heart for the applicant.

12.  The applicant provides a statement, dated 27 June 2012, from a former fellow service member.  The author states he was a combat medic attached to Headquarters and Headquarters Company, 15th Engineer Battalion, 9th Infantry Division, from November 1967 to May 1968.  He states he remembers treating the applicant's right calf and toe for a minor shrapnel wound.  He cannot say what month for sure, but he does remember it was not long before he was assigned to the battalion aid station, so it must have been late April or early May 1968 when he treated the applicant's wounds.  He states he remembers treating the applicant's wounds because he only treated two calf wounds.  He is sure he filled out a wounded in action card on the applicant and turned it in.  He does not know what happened to it afterward.

13.  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 medical treatment, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on request for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

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

2.  In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action.  The member must have required treatment by military medical personnel and this medical treatment must have been made a matter of official record.

3.  The applicant's record contains no medical treatment records or other documents that confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the RVN.

4.  The witness statement submitted by a former fellow Soldier who states he treated the applicant's wounds was carefully considered.  Unfortunately, this statement contradicts the Standard Form 89 he prepared at the time and is not sufficient evidence to establish that the wounds met the criteria for award of the Purple Heart.

5.  The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart based on the available evidence 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110016172, dated 22 February 2012.



      ___________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)                                         AR20120017072



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ABCMR Record of Proceedings (cont)                                         AR20120017072



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