IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140006039
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 he was wounded by enemy shrapnel in his leg and he has new evidence not previously considered.
3. The applicant provides two statements from former Soldiers who served with him.
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 AR20120012019 on 22 January 2013.
2. The applicant submitted new arguments in the form of statements by his former commanding officer and squad leader attesting to his wound which were not previously reviewed by the ABCMR; therefore, the statements are considered new evidence and warrant consideration by the Board.
3. The applicant enlisted in the Regular Army on 28 October 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).
4. He served in Vietnam from 31 May 1970 to 5 April 1971 while assigned to the 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division.
5. On 2 May 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 2 years, 6 months, and 5 days of net active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.
6. Item 40 (Wounds) of his DA Form 20 is blank.
7. His medical records are not available for review and there is no evidence in his available records that show he was wounded as a result of hostile action while serving on active duty.
8. His name is not shown on the Vietnam casualty listing. This is a microfiche listing of Vietnam Era casualties used to verify eligibility for award of the Purple Heart.
9. The applicant provided:
a. A statement from his former commander, dated 25 June 2013, wherein he stated the applicant was hit by fragments of a B-40 rocket-propelled grenade and a medic treated him and he was returned to action; and
b. a statement from a squad leader of his company, dated 26 August 2013, wherein he stated he saw the applicant get wounded. He further stated the applicant was taken to the aid station and he later returned with a dressing on his wounded leg.
DISCUSSION AND CONCLUSIONS:
1. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the Soldier received a wound/injury as the result of hostile action, the wound/injury required medical treatment by medical personnel, and the medical treatment was made a matter of official record.
2. Although the applicant provided statements by a former squad leader and his former commander, the presence of a treatment record is an essential component for award of the Purple Heart.
3. In view of the above, there is an insufficient evidentiary basis for granting 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120012019, dated 22 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) AR20140006039
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ABCMR Record of Proceedings (cont) AR20140006039
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