IN THE CASE OF:	  

		BOARD DATE:  3 April 2014

		DOCKET NUMBER:  AR20130014128 


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 and correction of his records to show the name of his school as Lincoln High School instead of Macon High School.

2.  He states he did not find out until December 2010 that the award of the Purple Heart was not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  Not discovering the error until 2010 caused him extreme difficulties in corroborating his claim.  He has contacted several people trying to verify his wounding, but he could not get in touch with them because they were either deceased, had left the country before his wounding, or they could not remember.  He was treated the same day of his wounding, but he could not remember the procedure performed in his care. 

3.  He provides:

* Self-authored statement
* Congressional correspondence
* Numerous emails
* South Carolina, Lincoln High School Diploma
* Standard Form 88 (Report of Medical Examination)
* Photographs
* Department of Veterans Affairs (VA) Identification Card
* VA Decision Document
* 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 AR20120008090, on 8 January 2013.

2.  The applicant provided Congressional correspondence, numerous emails, diploma, photographs, and a VA document that were not previously considered by the Board and will now be considered.

3.  The applicant enlisted in the Regular Army on 10 July 1969.  He served in Vietnam from 4 December 1969 to 10 November 1970 and he was assigned to the 360th Transportation Company.  He was honorably released from active duty on 12 January 1972 and he was credited with completing 2 years, 6 months, and 
3 days of total active service.

4.  There is no documentation in the available record that shows he sustained wounds or was treated for wounds incurred as a result of hostile action.  Additionally, his name does not appear on the Vietnam casualty listing.

5.  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 Military Awards Branch of the U.S. Army Human Resources Command (HRC), failed to reveal any orders for the Purple Heart pertaining to the applicant.

6.  The applicant provided:

   a.  Congressional correspondence shows that on numerous occasions the applicant solicited the aid of his Congressman and Senator to assist him in receiving the award of the Purple Heart.  On 19 June 2012 and 19 July 2012, HRC responded to the Senator's request on behalf of the applicant concerning the award of the Purple Heart.  The HRC representative explained the requirements for the award of the Purple Heart and documentation needed for verification of the wounding.  The representative also stated that after reviewing the applicant's records, it was determined that he was entitled to additional awards that were not listed on his DD Form 214.  A DD Form 215 (Correction to DD Form 214) reflecting the Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation was enclosed with HRC's memorandum.

	b.  Numerous emails sent to fellow comrades in an effort to find someone who could verify his wounding to no avail.

	c.  Photographs of two scar areas -- left leg and right thigh.

   d.  Item 32 (Civilian Education) of his DA Form 20 lists the name and location of the school he attended as "Macon High School, Sumter, SC." 

   e.  The diploma shows he completed all the diploma requirements in the 1969 school year and was awarded a high school diploma from South Carolina Lincoln High School.  The "Replacement Diploma" was issued on 3 July 2013.

   f.  The VA decision document shows he reported at his VA examination, dated 1 September 2010, that while in Vietnam he was in a gun jeep that hit a mine and shrapnel came through the jeep and hit him in the left leg.

6.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Purple Heart was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer.  For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.

7.  Army Regulation 600-8-22 (Military Awards), currently in effect, states the Purple Heart is awarded for a wound sustained 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.

8.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, governed preparation of and the various entries on the DA Form 20.  It stated the DA Form 20 provided a record of an individual's personnel management qualifications such as grade, skills, physical limitations, and assignment history and was used primarily by personnel managers at unit level to support the Army's personnel life-cycle function of sustainment.

DISCUSSION AND CONCLUSIONS:

1.  There are no available medical records and the applicant did not provide sufficient evidence which shows he was wounded or treated for wounds as a result of hostile action during his service in Vietnam.  In the absence of such evidence, there is an insufficient evidentiary basis for awarding the Purple Heart.

2.  Although the DA Form 20 is a permanent part of the applicant's official records, it was intended to assist personnel managers at the unit level in managing a Soldier's future assignments and career progression until separation. 
Although he provided a diploma that verifies he graduated from Lincoln High School, there is no basis to correct this form after a Soldier's separation from military service.

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 AR20120008090, dated 8 January 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)                                         AR20130014128





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ABCMR Record of Proceedings (cont)                                         AR20130014128



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