IN THE CASE OF:	   

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130004727 


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 for award of the Purple Heart (PH).  

2.  He states he's presenting new evidence and argument that was not considered by the Board when his original application was submitted.  Upon requesting and receiving his medical records, he discovered a Standard Form (SF) 600 (Chronological Record of Medical Care) which clearly shows he received treatment for wounds and indicates he sustained an arm laceration and received 17 stitches and medication.  The medical record also indicates he had bad lacerations along with the entry "advice 10 days in CRB [Cam Ranh Bay] hospital for observation."  Although he doesn't remember going to the hospital, he knows that the entry "CRB hospital" can only stand for one hospital and that was "CAM RANH BAY hospital."  He also believes the handwriting on the DA Form 2658 (Health Record Abstract of Service), which states he was wounded in action, is the same handwriting on the SF 600.  

3.  He provides a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) and SF 600.  He also resubmitted his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), DA Form 2658, and the previous Army Board for Correction of Military Records (ABCMR) Record of Proceedings.




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 ABCMR in Docket Number AR20110017377 on 6 March 2012.

2.  The applicant provided a medical document (SF 600) that will be considered by the Board.

3.  The applicant was inducted into the Army of the United States on 8 April 1968.  He successfully completed basic training and advanced individual training and was awarded military occupational 11C (Wheel Vehicle Mechanic).

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments), he was assigned to the 557th Light Equipment Maintenance (LEM) Company from 28 May to 19 September 1969
* item 38, he was reassigned to the 136th LEM Company from 20 September 1969 to 26 April 1970
* item 38, no record of being hospitalized in a patient status at any time
* item 40 (Wounds), no entries (blank)
* item 41 (Awards and Decorations), no award of the PH

5.  His service record does not contain orders which show he was awarded the PH.  His service record is void of evidence that shows he was wounded in action or treated for wounds as a result of hostile action in Vietnam.  His name is not listed on the Vietnam Casualty Roster.

6.  His DA Form 2658 for the period 8 November 1968 to 14 April 1969 shows the entry, "EM [enlisted man] Wounded in Action on Date Indicated," which appears to have been written over a previous entry.  However, no date is ascribed to this entry.  His assigned unit is shown as the 2nd Squadron, 1st Cavalry Regiment, 9th Infantry Division.

7.  He provided an undated SF 600 which indicates he sustained an arm laceration and received 19 stitches.  This medical record includes the entry "Bad laceration (final care)," but it does not indicate he sustained this injury as a result of hostile action.

8.  On 2 May 1970, he was honorably released from active duty after completing 1 year, 8 months, and 14 days of creditable active service.  
9.  On 10 August 2011, he was issued a DD Form 215 which added award of the Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross Unit Citation with Palm Device, Expert Marksmanship Qualification Badge with Rifle, Automatic Rifle, and Grenade Bars to his DD Form 214.  

10.  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 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the PH to him.

11.  Army Regulation 600-8-22 (Military Awards) states the PH 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 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.

12.  Paragraph 2-8b(2) of Army Regulation 600-8-22 states that for the purpose of considering an award of the PH, a 'wound' is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  The regulation states that the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record is void of orders which show he was awarded the PH and his name is not listed on the Vietnam Casualty Roster.  

2.  His DA Form 2658 indicates he was wounded in action while assigned to the 2nd Squadron, 1st Cavalry Regiment, 9th Infantry Division.  His service record is void of evidence which shows he was assigned to this unit in Vietnam and this entry does not include the date he sustained the injury.  

3.  The SF 600 submitted by the applicant indicates he sustained an arm laceration; however, there is no indication he was wounded as a result of hostile action.  

4.  In the absence of any other corroborating evidence of record which shows the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base 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 AR20110017377, dated 6 March 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)                                         AR20130004727





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ABCMR Record of Proceedings (cont)                                         AR20130004727



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