IN THE CASE OF:	

		BOARD DATE:	   25 March 2014

		DOCKET NUMBER:  AR20130011438 


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 an earlier request to add the Republic of Vietnam Campaign Medal with Device (1960) and Purple Heart to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

2.  The applicant states he:

* came home wounded from Vietnam on 11 July 1970 (a punji stick went through his right foot in Vietnam)
* has been trying to get his foreign service shown on his DD Form 214
* went absent without leave (AWOL)
* served 6 months and 5 days
* spent less than 2 weeks in Vietnam
* believes his foreign service is not shown on his DD Form 214 because of his AWOL period   

3.  The applicant provides a copy of his summary court-martial order.

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 AR20120016913, on 4 April 2013.


2.  The applicant provides a copy of his summary court-martial order, dated 
25 August 1970, which shows he was convicted of being AWOL from 13 July 1970 to 12 August 1970 while assigned to Fort Ord, California.  He was sentenced to forfeit $25.00 per month for 1 month and to be restricted to the company area for 30 days.  The convening authority approved the sentence on 25 August 1970.

3.  The summary court-martial is new evidence that will be considered by the Board.

4.  The applicant enlisted in the Regular Army on 2 April 1970 for a period of 
2 years.  He completed basic combat training and was assigned to Fort Ord, California for advanced individual training, but he never completed this training.     

5.  On 24 August 1970, he was convicted by a summary court-martial of being AWOL from 13 July 1970 to 12 August 1970.  He also received two nonjudicial punishments for breaking restriction and AWOL. 

6.  On 17 November 1970, he was discharged under honorable conditions 
(a general discharge) for unsuitability due to personality disorder.  

7.  In January 1983, the Army Discharge Review Board upgraded his discharge to honorable.

8.  His DD Form 214 does not show award of the Purple Heart or Republic of Vietnam Campaign Medal with Device (1960) or any foreign service.

9.  There are no orders for the Purple Heart in the available records.

10.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. 

11.  The applicant's name does not appear on the Vietnam casualty roster.

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

13.  There is no evidence which shows he served in Vietnam.  Item 31 (Foreign Service) of his DA Form 20 is blank. 


14.  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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.

15.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served in Vietnam for less than 6 months were also eligible for award of the Republic of Vietnam Campaign Medal with Device (1960) provided they:

* were wounded as a result of hostile action
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in the line of duty

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he came home wounded from Vietnam.

2.  The summary court-martial order provided by the applicant does not show he served in Vietnam or that he was wounded in action in Vietnam.

3.  Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart and all other awards.  The Purple Heart requires evidence to verify:

* that the wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records

4.  There is no evidence of record and he provides no evidence that shows he was wounded or injured as a result of hostile action in Vietnam.  Regrettably, therefore, there is insufficient evidence on which to base adding the Purple Heart to his DD Form 214.

5.  Since there is no evidence of record and he provides no evidence which shows he served a period of qualifying service in Vietnam, there is insufficient evidence on which to base adding the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214.

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 AR20120016913, dated 4 April 2013.



      _______ _ 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)                                         AR20130011438





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130011438



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1