IN THE CASE OF:	  

		BOARD DATE:	    18 July 2013

		DOCKET NUMBER:  AR20120022453 


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 was not medically evacuated to the United States; he was sent home on crutches as stated in his medical records.  His company was on a contact mission the evening of 23 January 1969 when the North Vietnamese Army started hitting them with rockets and mortars.  His unit was using "Charge 5" and "122 Rockets" which gave them a big blast.  He remembers a doctor working on his face and leg, being sent to a medical aid station, moved to another camp, and eventually being sent home a week later.  On 30 March 1971, a medical board changed his military occupational specialty (MOS) to allow him to be deployable within the limits of his profile.

3.  The applicant provides:

* A self-authored statement, dated 24 November 2012
* Four Standard Forms (SF) 600 (Chronological Record of Medical Care), dated 27 January 1969 - 23 April 1971
* Two SFs 519A (Radiographic Report), dated 27 January 1969 and 
10 April 1969
* Optional Form (OF) 41 (Routing and Transmittal Slip), undated
* Section D, Medical Board Proceedings, dated 30 November 1971
* Performance and Interview Form, dated 19 June 1972
* Page 3 from a DA Form 20 (Enlisted Qualification Record)

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 AR20110014555, on 12 January 2012.

2.  The applicant provided a new argument, a self-authored statement, various SFs 600, an SF 519A, an OF 41, a Performance and Interview Form, and page 3 of his DA Form 20 which he believes constitute a new argument and new evidence.  These new arguments and evidence were not previously considered by the Board; therefore, they warrant consideration by the Board.

3.  After having had previous enlisted service the applicant reenlisted in the Regular Army on 6 October 1966 and held MOS 13B (Field Artillery Crewman).  The highest rank/grade he attained while serving on active duty was staff sergeant (SSG)/E-6.

4.  His DA Form 20 shows he was assigned to:

* Vietnam, from 24 February 1968 to 15 February 1969 and served with:

* Battery C, 2nd Battalion, 9th Artillery Regiment from 12 March 1968 to 26 September 1968
* Battery D, 5th Battalion,16th Artillery Regiment, from 27 September 1968 to 15 February 1969

5.  There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart.  There is nothing in six typical sources that shows he was wounded/injured as a result of hostile action:

	a.  Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury.  

	b.  Item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart among his awards.

	c.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command (HRC), which is an index of general or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.
	d.  His name is not shown on the Vietnam casualty listing.  This is a microfiche listing of Vietnam Era Casualties that is used to verify entitlement to the Purple Heart. 

	e.  His record does not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound.  This was the proper notification of injuries at the time.

	f.  His available medical records do not show he was injured as a result of hostile enemy action.

6.  He was honorably discharged from active duty on 5 October 1972, by reason of expiration term of service, after completing 8 years, 2 months, and 16 days of net active service.  His DD Form 214 he was awarded or authorized the:

* Vietnam Service Medal with 3 bronze service stars
* RVN Campaign Medal
* Army Good Conduct Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  As stated in the previous Record of Proceedings (ROP), the applicant indicated he sustained injuries in Vietnam during a rocket attack when he was thrown from an 8 inch gun and suffered bleeding from his ears and injuries to his leg and back.  

8.  The applicant provides several medical treatment records which were discussed in the previous ROP as well as a few new documents that indicate he was treated for a severe ankle sprain and bleeding from the ears between 
27 January and 15 May 1969.  While one of the documents indicated he was (thrown or blown) from a track vehicle, none of these medical or other documents independently confirm his injuries were received as a direct result of or caused by enemy action. 

9.  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.  It also states in order to award the Purple Heart there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record.  The Purple Heart is awarded to any member who has been wounded: 

* as a result of an act of any such enemy of opposing armed forces
* as a result of an act of any hostile foreign force
* as a result of friendly fire in the heat of battle

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Purple Heart because he was injured while serving in Vietnam.

2.  However, based on his own statements and the evidence contained in the previous ROP, it appears that while he was injured in Vietnam, it was not as a result of hostile enemy action.  Rather his injuries were the result of being blown or thrown off of a tracked vehicle due to the force of the blast from the rockets or mortars he and his unit were firing.

3.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the direct result of hostile enemy 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.  His medical records do not indicate whether the injury he sustained was a result of hostile enemy action.

4.  Based on the foregoing, there is insufficient evidence to award the Purple Heart.

5.  The applicant and all others concerned should know that this action 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 Vietnam.

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 AR20110014555, dated 12 January 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)                                         AR20120022453



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ABCMR Record of Proceedings (cont)                                         AR20120022453



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