IN THE CASE OF:
BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20140000126
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 a previous application for award of the Purple Heart.
2. He states:
a. In 1971, while on a 5-man patrol, there was an explosion that severely damaged his right leg. After spending 2 weeks in a hospital in Vietnam, he was medically evacuated to an Army hospital at Fort Leonard Wood, MO, for surgery.
b. He was offered the Purple Heart but sadly he turned it down. It has been more than 40 years and he keeps thinking what a big mistake he made by not accepting the award. He regrets his decision knowing that his friend M.T. of North Little Rock incurred the same type of injury and accepted his award of the Purple Heart.
c. He had complete knee replacement surgery in 2011 as a result of this injury. He hopes this Board will see the mistake he made when he was just a
21-year old kid.
3. The applicant provides no additional evidence.
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 AC88-09238, on
1 March 1989. The ABCMR denied the previous request for award of the Purple Heart because the alleged error or injustice should have been discovered on
28 February 1972 and the time for him to have filed expired on 28 February 1975.
2. He was inducted into the Army of the United States on 26 August 1970. He served in Vietnam from 16 February to 21 May 1971 as an Infantry Indirect Fire Crewman with Company C, 1st Battalion, 502nd Infantry.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows him in a patient status:
* in Vietnam on 20 May 1971
* at Fort Leonard Wood, MO, from 22 May to 2 September 1971
4. A Standard Form (SF) 502 (Clinical Record) shows:
* he injured his right knee 5 years prior to the incident in Vietnam while playing football
* he was admitted to the hospital on 20 May 1971 with a torn medial meniscus (Republic of Vietnam) - no hostile action is noted with his injury
* the applicant fell off a hill and twisted his knee, resulting in pain, effusion and locking - he had a history of locking and effusion and giving away
* he was treated with traction and quadriceps exercises while in Vietnam
* surgery was performed on his right knee on 10 June 1971 at Fort Leonard Wood, MO
5. He was released from active duty on 28 February 1972 and received an honorable characterization of service.
6. The applicantÂ’s name does not appear on the Vietnam casualty roster.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart 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 that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The veracity of his claim that his injury occurred while on a patrol is not in question; however, there is nothing in his records nor did he submit sufficient evidence to substantiate that his injury was a result of hostile action occurring from an explosion. The evidence of record shows the applicant fell off of a hill and twisted his knee while in Vietnam.
2. To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. In the absence of such evidence, there is an insufficient basis on which to grant the 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AC88-09238, dated 1 March 1989.
2. The applicant and all others concerned should know that 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) AR20140000126
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140000126
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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