IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140007625
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 military records to show two awards of the Purple Heart and entitlement to veterans' benefits.
2. The applicant states:
* he was improperly forced to the front lines in Vietnam 30 days prior to his discharge
* he was wounded in the left leg and forehead while in combat
* his wounds were treated with field dressings
* he suffers from retinitis pigmentosa, peripheral neuropathy, and hearing loss due to Agent Orange exposure
* his injuries were not entered into his records due to a clerk's dislike for him
* his records were destroyed by fire
* he has no corroborating statements from comrades as they were killed in action
* he is entitled to compensation
3. The applicant provides a self-authored statement.
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 AR20110012860 on 15 December 2011.
2. The applicant provided new arguments that warrant consideration by the Board.
3. The applicant was inducted into the Army of the United States on 6 October 1965. He served in Vietnam from 10 June 1966 through 9 July 1967 and held military occupational specialty 55B (Ammunition Storage Specialist).
4. There are no orders in his records awarding him the Purple Heart and there is no medical evidence showing he was wounded as a result of hostile action.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries.
6. He was honorably released from active duty on 11 July 1967. He completed 1 year, 9 months, and 6 days of creditable active service.
7. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.
8. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) provides that 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 failed to present evidence showing he was either entitled to or awarded the Purple Heart. In the absence of evidence showing he was injured as a result of hostile action, treated for those injuries, and the treatment was made a part of his official record, regrettably, there is no basis for granting the requested relief.
2. Granting veterans' benefits is not within the purview of the Board. Any questions the applicant has regarding eligibility for veterans' benefits should be addressed to the Department of Veterans Affairs.
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 AR20110012860, dated 15 December 2011.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by the applicant 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) AR20140007625
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ABCMR Record of Proceedings (cont) AR20140007625
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