IN THE CASE OF:
BOARD DATE: 9 July 2013
DOCKET NUMBER: AR20130000497
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:
a. He previously provided a self-authored statement indicating he was injured on 17 August 1967. This information was incorrect.
b. He was injured in July 1967 from small arms and mortar fire.
3. The applicant provides:
* extracts of his medical and dental records
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings, Docket Number AR20110023026, dated 29 May 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 AR20110023026, on 29 May 2012.
2. The applicant provides clarification on the date of his injury, which he now states occurred in July 1967, and extracts of his medical and dental records that were not available during the previous consideration of his case. This new argument and evidence warrant consideration by the Board.
3. On 5 January 1967, the applicant enlisted in the Regular Army. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
4. He served in Vietnam from 11 July 1967 to 8 July 1968 and was assigned to Company A, 1st Battalion, 327th Infantry (Airmobile).
5. On 18 December 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 does not list the Purple Heart.
6. Nothing in six typical sources confirm he was wounded in action and/or treated for a combat injury/wound:
* Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury
* Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
* His records do not contain general orders authorizing him award of the Purple Heart
* His name is not shown on the Vietnam casualty roster
* A review of the Awards and Decorations Computer Assisted Retrieval System - an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the U.S. Army Human Resources Command - failed to reveal Purple Heart orders for him
7. He submitted extracts of his medical and dental records. A DA Form 2658 (Health Record Abstract of Service) shows he was seen at the brigade aid station in July 1967.
8. The medical and dental record extracts provided by the applicant do not show he was wounded or injured as a result of hostile action.
9. 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.
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 medical and dental record extracts provided by the applicant are void of entries showing he was wounded or incurred an injury as a result of hostile action. Further, his records are void of any evidence that shows 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.
3. Regrettably, there is still an insufficient basis for granting the applicant's requested relief.
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 AR20110023026, dated 29 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) AR20130000497
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ABCMR Record of Proceedings (cont) AR20130000497
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