BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130015070 


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 correction of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a second award of the Purple Heart.

2.  The applicant states he has new evidence that was not considered when the original application was denied.

   a.  In May 1968, his unit (Company B, 2nd Battalion, 505th Infantry) was operating south of Hue in the Republic of Vietnam (RVN) with little to no support.  His unit came under heavy fire and the casualties were being sent to several different U.S. units for medical treatment.

   b.  He cannot explain what happened to his medical treatment records since he was medically evacuated to the United States without any records.

3.  The applicant provides a copy of his request for award of the Purple Heart, Department of the Veterans Affairs (VA) disability rating, Standard Form (SF) 600 (Chronological Record of Medical Care), and National Personnel Records Center (NPRC) letter.






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 AR20110019041, on 3 May 2012.

2.  The NPRC letter provided by the applicant is new evidence that will be considered.

3.  The applicant enlisted in the Regular Army (RA) on 10 September 1965.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  Through a series of reenlistments, he continued to serve in the RA through 
30 September 1985.  The highest rank he attained was master sergeant (E-8).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service), he served in Vietnam from:

* 19 April 1966 through 20 April 1967
* 14 February 1968 through 15 May 1968
* 4 November 1968 through 5 December 1969

   b.  item 38 (Record of Assignments):

* B Company, 2nd Battalion (Airborne), 327th Infantry, from 1 May 1966 through 9 August 1966
* Headquarters and Headquarters Company (HHC), 2nd Battalion (Airborne), 327th Infantry, from 10 August 1966 through 19 April 1966
* Company B, 1st Battalion (Airborne), 505th Infantry, from 14 February 1968 through 15 May 1868
* HHC, 160th Aviation Group (Airmobile), from 21 November 1968 through 24 June 1969
* HHC, 101st Aviation Group (Airmobile), from 25 June 1969 through
1 December 1969

   c.  item 40 (Wounds):  pungi stake, right lower leg, 8 September 1966; and

   d.  item 41 (Awards and Decorations) shows the Purple Heart (General Order Number 807, Headquarters, 1st Brigade, 101st Airborne Division, 1966).

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

a. item 4 (Assignment Consideration):  pungi stake, right lower leg, 
8 September 1966, and

   b.  item 9 (Awards, Decorations and Campaigns) one award of the Purple Heart.

6.  Headquarters, 1st Brigade, 101st Airborne Division, General Orders Number 807, dated 19 September 1966, awarded the applicant the Purple Heart for wounds received on 8 September 1966.

7.  A review of the applicant's military personnel records revealed three
DD Forms 214 (with effective dates of 8 July 1974, 25 June 1978, and
30 September 1985) and two DD Forms 215 (Corrections to DD Form 214), issued on 14 March 1986 and 17 August 2012. 

   a.  The 30 September 1985 DD Form 214 shows he was awarded the Purple Heart.

   b.  The review revealed no evidence he was wounded in action in May 1968.  It also revealed there are no orders or other evidence to show he was awarded a second award of the Purple Heart for an injury sustained in May 1968.

8.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name as a casualty on 8 September 1966, casualty status code 23 (hostile wounded in action:  not serious, hospitalized).
It does not show his name as a casualty in May 1968.

9.  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 U.S. Army Human Resources Command, Military Awards Branch, failed to reveal award orders pertaining to the applicant for a second award of the Purple Heart (i.e., 1st Oak Leaf Cluster).

10.  In support of his request for reconsideration the applicant provides the following documents:

   a.  [a previously considered] DA Form 4187 (Personnel Action), dated 
29 November 1984, subject:  Award of Purple Heart (1st Oak Leaf Cluster) with enclosures that shows:

    	(1)  in a DA Form 2823 (Sworn Statement), dated 29 November 1984, the applicant stated, in pertinent part, "[he] received a wound to the left hip that was inflicted by hostile enemy fire on 10 May 1968."
 	 	(2)  [a previously considered] SF 600 that shows the applicant requested an X-ray of his pelvis for a "shrapnel wound suffered 15 years ago."  It also shows X-rays were taken of the applicant's pelvis and revealed a metallic fragment (foreign body).
   
   b.  [a previously considered] VA Regional Office, St. Petersburg, FL, letter, dated 28 March 2005, that shows, in pertinent part, he was granted service-connection for a shrapnel wound, left hip with retained foreign body (10%) and a combined service-connected disability rating of 30%.

   c.  NPRC letter, dated 3 December 2012, that shows the applicant was informed that a search for Camp Evans records was negative; a search of the Morning Reports failed to locate any remarks pertaining to his being wounded in action from April 1968 to May 1968; and days are missing from the Morning Reports for 26 April and 9 May 1968.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  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.  An oak leaf cluster is authorized for wear for each additional award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his request for a second award of the Purple Heart should be reconsidered because he has new evidence that was not considered when the original application was denied.

2.  Records show he was awarded the Purple Heart for wounds sustained on 
8 September 1966.  This Purple Heart award is recorded on the DD Form 214 that he was issued when he retired from active duty on 30 September 1985.

3.  The applicant's claim to a second award of the Purple Heart was carefully considered.

   a.  The applicant previously provided an SF Form 600 that shows he requested an X-ray of his pelvis for a shrapnel wound.  The applicant initiated this request more than 16 years after the incident under review.
   
   b.  The fact that the VA granted him disability for a service-connected injury offers insufficient evidence to support a claim to the Purple Heart.

   c.  He now presents an NPRC letter that shows, in pertinent part, that "days are missing from the Morning Reports for 26 April and 9 May 1968" [emphasis added].  However, missing records for dates prior to the date that the applicant claims that he was wounded (i.e., 10 May 1968) offer(s) no probative evidence in support of his claim.

   d.  The applicant provides no military medical records that show he was injured as a result of enemy action in May 1968.
   
   e.  His military personnel records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy.
   
   f.  The applicant's name is not listed on the Vietnam casualty roster as being a casualty in May 1968.
   
   g.  There are no orders or other evidence that shows he was awarded a second award of the Purple Heart.

   h.  Thus, the evidence of record does not support the applicant's contention.

4.  Therefore, in view of all of the foregoing, there is an insufficient evidentiary basis to grant the applicant's request.

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 AR20110019041, dated 3 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)                                         AR20130015070



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ABCMR Record of Proceedings (cont)                                         AR20130015070



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