IN THE CASE OF:	  

		BOARD DATE:	  17 June 2014

		DOCKET NUMBER:  AR20130018945 


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 was wounded in the left thigh on 15 February 1967 while serving as a rifleman in the Republic of Vietnam.  Due to his unit's staffing level at the time and the battle losses they suffered, he chose to tend to his wound as best he could with some of the medical supplies he procured from the medic in the field.

	b.  In August 2012, he attended a reunion of his unit.  The first thing the medic asked him about was how his leg was doing from when he was hit.  He also mentioned the substantial cuts the applicant had sustained to both of his arms while moving his wounded comrades to safety.  The medic also asked him if he ever received the Purple Heart and told him he would be more than happy to provide an affidavit attesting to the applicant's injury.

3.  The applicant provides:

* self-authored statement
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 18 July 2013
* two affidavits


* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* General Orders Number 995, dated 19 May 1967

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 AR20120022411 on 18 July 2013.

2.  The applicant provided a self-authored statement, two affidavits, and a copy of General Orders Number 995 awarding him the Bronze Star Medal with "V" Device.  These documents were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant was inducted into the Army of the United States on 23 November 1965.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  Headquarters, 4th Infantry Division, General Orders Number 995, dated 19 May 1967, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 15 February 1967.  However, it does not indicate he was wounded in action.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 21 July 1966 through 7 June 1967.  Item 40 (Wounds) is blank and the Purple Heart is not included in the list of awards in item 41 (Awards and Decorations).  The applicant last audited his DA Form 20 on 13 July 1967.

6.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Purple Heart by proper authority while serving on active duty.

7.  On 22 November 1967, the applicant was honorably released from active duty (REFRAD) in the rank of specialist four at the expiration of his term of service.  He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

8.  There is no indication the applicant petitioned for award of the Purple Heart while still assigned in the Republic of Vietnam, after his return to the United States, or any time prior to his REFRAD.

9.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam casualty listing.  There was no entry pertaining to the applicant in this listing.

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

11.  The applicant provided an affidavit from a former medic (now attorney) who attests to the applicant and another Soldier being wounded by shrapnel on 16 February 1967.

12.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was wounded and treated in the field on 15 February 1967 in the Republic of Vietnam has been re-examined.  The statements provided by the applicant and medic were carefully considered, but lacking independent corroborating evidence, they are not sufficient for award of the Purple Heart.

2.  The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant.  

3.  In this case, item 40 of the applicant's DA Form 20 is blank indicating he was not wounded in action.  The applicant last audited this record on 13 July 1967, over a month after he departed Vietnam, indicating the information on the record, to include the entry in item 40, was correct at the time.  In addition, his name is not included in the Vietnam casualty listing, the official DA list of Vietnam battle casualties.  Further, there is no indication he pursued award of the Purple Heart while he remained on active duty after his departure from Vietnam.

4.  As required by regulatory criteria, 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.  Such corroborating evidence has not been satisfied in the case.  By his own admission, he elected to treat his own wound rather than seek proper medical treatment.

5.  In view of the foregoing, there is no 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:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120022411, dated 18 July 2013.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20130018945



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ABCMR Record of Proceedings (cont)                                         AR20130018945



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