IN THE CASE OF:
BOARD DATE: 12 February 2015
DOCKET NUMBER: AR20140008136
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, through his Representative in Congress, reconsideration of his previous request for award of the Purple Heart.
2. The applicant states he is entitled to, but has not yet been awarded the Purple Heart for an injury he sustained during combat.
3. The applicant provides:
* Privacy Act Authorization Letter
* Army Board for Correction of Military Records (ABCMR) notification letter dated 6 May 2013
* ABCMR Record of Proceedings dated 2 May 2013
* Two letters to his Representative in Congress dated 1 April 2014 and 1 October 2013
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 19 May 1970
* DD Form 215 (Correction to DD Form 214) dated 13 June 2013
* A photograph of two individuals in what appears to be hospital beds
* National Personnel Records Center letter dated 6 January 2014
* Morning Report dated 1 May 1970
* Army Medical Records
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 AR20120016969, on 2 May 2013.
2. The applicant was inducted in the Army on 14 October 1968. He received a field artillery military occupational specialty. He arrived in Vietnam on 4 April 1969.
3. As new evidence, the applicant provides letters to his Representative in Congress contending that he should have been awarded the Purple Heart for a cut he received on his left hand by a piece of shrapnel when the camp to which he was assigned came under enemy fire. He also provides copies of his Army medical records. While these records show he was hospitalized when he was in Vietnam for an injury he received to his middle finger and that he was later diagnosed with cellulitis, they do not show that his injury was the direct result of hostile action by enemy forces.
4. The applicant departed Vietnam en-route to the United States on 18 May 1970. He was honorably discharged on 19 May 1970 as an overseas returnee. The DD Form 214 he received shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 2 Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
5. A review of the Vietnam Causality Listing does not show the applicant's name as a casualty.
6. In an application to this Board dated 13 September 2013, the applicant requested award of the Purple Heart and the Army Good Conduct Medal. On 2 May 2013, the ABCMR corrected his record by awarding him the Army Good Conduct Medal and by deleting the Vietnam Service Medal from his DD Form 214 and adding the following awards:
* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
7. The Board denied that portion of his request pertaining to awarding him the Purple Heart due to a lack of evidence showing that he met the criteria for award of the Purple Heart.
8. 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention has been noted. His supporting evidence has been considered.
2. While he does submit medical records showing he was hospitalized while he was in Vietnam, the evidence does not show that he was hospitalized due to an injury he received as a result of hostile action by enemy forces.
3. There is insufficient evidentiary basis for a reversal of the Board's previous decision.
4. In view of the foregoing, the applicant's request should be denied.
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 AR20120016969, dated 2 May 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) AR20140008136
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ABCMR Record of Proceedings (cont) AR20140008136
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