IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120019924
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 previous request for award of the Purple Heart.
2. The applicant states he is submitting the request for reconsideration based on military medical records which were not available when his application was previously denied. He contends that the medical records reflect his time spent in the hospital in Japan. He also contends that in January 1969, one or more mortar rounds hit the backside of his bunker and he was thrown forward like a projectile causing him to land on a rock injuring his back. The hit rendered him unconscious and he was medically evacuated by helicopter.
3. The applicant provides 22 pages of service medical records.
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 AR20110023324, on 3 May 2012.
2. The applicant provides 22 pages of service medical records which were not previously reviewed by the Board. Therefore, these documents are considered new evidence which warrants consideration by the Board.
3. In the previous Record of Proceedings it was noted that:
a. He was inducted into the Army on 27 May 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).
b. He served in Vietnam 20 October 1968 through 15 June 1969.
c. His DA Form 20 (Enlisted Qualification Record) shows he was in a patient status from on or about 17 April 1969 to on or about 6 July 1969.
d. His service record contains a hospital message authorizing his evacuation from Vietnam to the 249th General Hospital effective 15 March 1969.
e. He served in Korea from 7 July 1969 through 26 December 1969.
f. He underwent a separation physical in Korea on or about 18 December 1969 and he indicated that he hit his back on a rock in January 1969 in Vietnam.
g. The military doctor indicated the applicant had occasional low back pains. Neither he nor his doctor indicated his back injury was incurred as a result of enemy action.
h. Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury.
i. His records do not contain general orders authorizing award of the Purple Heart and his name is not listed on the Vietnam casualty roster.
j. He was honorably released from active duty on 31 December 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not include the Purple Heart.
k. A review of the Awards and Decorations Computer Assisted Retrieval System 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.
4. He provides 22 pages of service medical records which confirm his contention that he suffered a back injury while in Vietnam. These medical records do not indicate the injury was sustained as a result of hostile action.
5. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an 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. Army Regulation 600-8-22 also states that when contemplating an award of the Purple Heart the key issue commanders must take into consideration is the degree to which the enemy caused the injury.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to award of Purple Heart based on the medical records provided has been carefully reviewed.
2. His DA Form 20 does not show he sustained a combat related injury. Additionally, his name is not listed on the Vietnam casualty roster.
3. The medical records provided by the applicant confirm his contention that he suffered an injury to his back while in Vietnam; however, these documents still fail to show that the injury was caused by a hostile attack. The regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action. In the absence of such evidence, there is no basis for award of the Purple Heart 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110023324, dated 3 May 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) AR20120019924
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ABCMR Record of Proceedings (cont) AR20120019924
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