IN THE CASE OF:  

		BOARD DATE:  6 November 2014	  

		DOCKET NUMBER:  AR20140004441 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: 

* award of the Purple Heart
* his rank/grade as specialist four (SP4)/E-4 instead of private first class (PFC)/E-3

2.  The applicant states he received injuries while serving in Vietnam.  He does not have any additional information to submit, but his argument in the matter is as follows: 

	a.  The records he requested to be submitted to him have not contained any complete records, medical or personal, just a sheet containing some injuries he had that were noted during his discharge examination.  These records did not contain the treatments he received while actually serving on active duty nor the injuries he actually received while on active duty.  He has requested his complete medical records but has been told they were destroyed in a fire in St Louis.  This put him in a very unfair position to prove something which happened without substantial evidence to back up his claims.  No one wanted to be wounded in Vietnam, but it did happen to him.  That is why he was removed from jump status due to medical reasons and transferred to a non-airborne unit for the remainder of his time.  That tells a lot that it happened for medical reasons due to injuries he sustained during combat.  This should tell the Board that there were injuries sustained by him which caused this situation.
	b.  He sustained injuries in combat situations while in hostile territory under a combat situation.  He received two injuries which were service-connected and if a third one happened he would have been sent home and discharged under medical conditions. This is one reason he was reassigned.  It was the Army's rule at that time.  He would not have given up his jump status as he needed that additional $60.00 a month as an enlisted man's salary was not that much.  He went through a lot in order to become a paratrooper and would not have given up his status for anything.  He exerted lots of hard work and determination to reach that goal and he was very proud to wear his wings and stand tall as an elite Soldier in an airborne unit (173rd Airborne Brigade).

	c.  He was very proud to be who he was and what he had achieved.  He was a 13A1P, cannoneer paratrooper and he was good at his job.  He was transferred out of his unit to become a forward observer where he was directly involved in firefights with the North Vietnamese Army while being in a forward position to call in artillery missions.  He also led the team until he was injured and returned to base camp due to evacuation and in need of treatment for a leg wound.  He was transferred out of his unit to the 6th Battalion, 14th Artillery, where he worked as an ammunition driver from Bien Het to Oak To.  While there, he received a wound to his elbow from shrapnel received from incoming mortar rounds.  They were located near the Demilitarized Zone (DMZ) and there was always heavy fighting and incoming mortars in that area.  After that injury they put him in the kitchen and made him a cook for the remainder of his tour.  All this information should be in his records as orders had to be cut in order to facilitate all these changes.  He is not allowed to see any of these records and they are the ones that support his case.

	d.  The promotion issue was brought to his attention by a friend who for 20 years was a recruiter and he was going over his (the applicant's) DD Form 214.  The friend informed him there were errors that needed to be addressed and that's what prompted him to bring up this issue.  The rank is not a major issue since he is now a veteran and not on active duty but he earned it by his time and he feels the previous decision by the Board did not take into consideration the facts that he has listed in this argument for clarification.  As such, he requests the Board to look again and the facts he stated be considered in reconsideration of his request.  All the documents that he submitted were true and correct to his knowledge and submitted for approval.  He hopes this argument clears up the decision in this matter and he does not have to look for legal assistance on these matters, as he feels he put his life on the line for this country and only expects to receive what he legally should. 

3.  The applicant does not provide any 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 AR20120014837, on 21 February 2013. 

2.  The applicant provides an argument that was not previously considered.  This warrants consideration by the Board. 

3.  The applicant was inducted into the Army of the United States on 26 September 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 13B (Cannonneer).

4.  He also attended and completed the Basic Airborne Course at Fort Benning, GA.  He was advanced to private/E-2 on 30 November 1967. 

5.  On 9 May 1968, he accepted nonjducial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for being absent without leave from 10 April to 1 May 1968.  His punishment, in pertinent part, consisted of a reduction to private/ E-1. 

6.  He served in Vietnam from on or about 16 May 1968 to on or about 20 May 1969.  He was initially assigned to Battery C, 3rd Battalion, 319th Artillery as a radio/telephone operator, from 25 May to 1 October 1968.  He was advanced to private/E-2 on 10 July 1968.

7.  On 30 August 1968, his chain of command initiated action to reassign him out of the unit.  The unit commander indicated the applicant was medically disqualified for further airborne training or duty.  He had a temporary physical profile for flat feet, existed prior to service (EPTS).  His profile prevented crawling, stooping, running, jumping, or prolonged standing. 

8.  On 30 September 1968, Headquarters and Headquarters Company, 3rd Battalion, 319th Artillery published Special Orders (SO) Number 47 appointing him to the permanent (P) grade of PFC/E-3 effective 30 September 1968. 

9.  He was reassigned to B Battery, 6th Battalion, 14th Artillery, as an ammunition specialist from 3 October 1968 to on or about 20 May 1969.

10.  On 21 May 1969, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, published SO Number 141 releasing him from active duty, effective 21 May 1969.  These orders listed his rank as a PFC.
11.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was:

* promoted from private/E-1 to private/E-2 on 10 July 1968
* appointed from private/E-2 to PFC/E-3 (P) on 30 September 1968, by Unit Orders Number 47, issued by the 3rd Battalion, 319th Artillery 

12.  His service records do not contain official orders promoting, advancing, or appointing him to SP4/E-4.

13.  He was honorably released from active duty on 21 May 1969.  His DD Form 214 shows in:

* Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) the entries "PFC" and "E-3" respectively
* Item 6 (Date of Rank) the entry "30 Sep 68" (30 September 1968)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars 

14.  There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart.  Nothing in several typical sources show he was wounded/injured as a result of hostile action:

	a.  Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

	b.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him.

	c.  His name is not shown on the Vietnam casualty listing.  This is a Microfiche Listing of Vietnam Era Casualties that is used to verify entitlement to the Purple Heart. 
	d.  His records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound.  This was the proper notification of injuries at the time. 

	e.  His medical records contain a Standard Form 88 (Report of Medical History) that shows he underwent a separation physical examination on 21 May 1969, which listed his EPTS, flat feet condition but made no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.  He did not mention a combat injury or treatment for such injury.

15.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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 by medical personnel, and the medical treatment must have been made a matter of official record.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

16.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation.  The rank is taken from the Soldier’s promotion/reduction orders and item 6 shows the date of rank.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Purple Heart: 

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.  His service record is void of any evidence that shows he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty listing.  His available service medical records do not reflect a combat injury or treatment.

	b.  His service in Vietnam is not in question.  However, he failed to satisfy the requirements of the Purple Heart.  In the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis for awarding him the Purple Heart in this case.

2.  With respect to the rank/grade of SP4/E-4: 

	a.  The applicant was advanced to the permanent rank/grade of PFC/E-3 on 30 September 1968.  He held this rank/grade until he was released from active duty on 21 May 1968.  The governing regulation provides that items 5a and 5b will show the active duty rank and pay grade at the time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders.  The applicant's DD Form 214 correctly lists his rank and grade.

	b.  There is no evidence in the applicant's records and he provides none to show he was recommended for or advanced to the rank/grade of SP4/E-4.  In the absence of the orders, there is insufficient evidence to correct his rank/grade to SP4/E-4.  Therefore, he is not entitled to the requested relief. 

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 AR20120014837, on 21 February 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)                                         AR20140004441





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ABCMR Record of Proceedings (cont)                                         AR20140004441



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