IN THE CASE OF:	  

		BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140010123 


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 in Vietnam as shown on his service medical records which show the wound being cleaned. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 AR20070004987 on 1 November 2007.

2.  The applicant provides a new argument which constitutes new evidence and warrants consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 5 May 1966.  He was trained in and held military occupational specialty 51B (Carpenter). 

4.  He served in Vietnam from what appears to be on or about 11 April 1967 to 28 February 1968.  He was assigned to:
* Company B, 34th Engineer Battalion (Construction) from on or about 12 July 1967 to 3 January 1968
* Headquarters Company, 554th Engineer Battalion (Construction) from on or about 4 January 1968 to 28 February 1968  

5.  His DA Form 20 (Enlisted Qualification Record) shows he was reported in a patient status on 28 February 1968 and he was medically evacuated through the 12th Evacuation Hospital in Vietnam and the 106th General Hospital in Japan, to Scott Air Force Base, IL, and ultimately Fort Leonard Wood, MO.  The nature of his illness or injury is unknown because his medical records are not available for review.  

6.  His records contain a memorandum, dated 18 March 1968, from Headquarters, U.S. Army Vietnam (USARV) to the Commanding General, Engineer Command, Subject: Reassignment Order (Medical Evacuees) requesting the chain of command report his status correctly and conduct an inventory of his personal effects. 

7.  He was honorably released from active duty on 27 March 1968 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows his last unit of assignment as 554th Engineer Battalion, USARV.   His DD Form 214 also shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  On 1 November 2007, the Board adjudicated his case.  The Board denied award of the Purple Heart based on insufficient evidence to show he was wounded as a result of hostile action and that he was treated by medical personnel for wounds sustained in action and that this treatment was made a matter of official record.  However, the Board recommended other awards.  

9.  As a result of the Board action, on 27 June 2008, he was issued a DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty) that added the following awards to his DD Form 214:

* Vietnam Service Medal with 3 bronze service stars
* Army Good Conduct Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

10.  Nothing in several typical sources show he was wounded or injured as a result of hostile action.

	a.  His medical records, which would have validated the need for treatment and documented the treatment that he may have received are not available for review.  He states his medical records show the wound being cleaned but he does not provide those medical records.

	b.  His available personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action.  This was the proper notification of injuries at the time.

	c.  His name is not shown on the Vietnam casualty listing.  This is a listing of Vietnam era casualties commonly is used to verify entitlement to award of the Purple Heart.

   d.  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.  However, item 40 of his DA Form 20 does not list any combat injuries or wounds. 

11.  Army Regulation 600-8-22 (Military Awards) provides that 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:

	a.  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.


	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:  frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action.

12.  Army Regulation 15-185 (ABCMR) states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the applicant was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for the award.

2.  The criteria for an award of 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  His records contain an entry on his DA Form 20 and a request from USARV pertaining to his medical evacuation.  However, the nature of his illness or injury is unknown because his medical records are not available for review.  It is unknown if he was wounded or injured and what caused the injury or illness.  It is equally unknown if he received treatment (although it can be presumed since he was transferred through multiple medical facilities) and equally important, the medical treatment was not made a matter of official record.

4.  His name is not listed on the Vietnam casualty listing.  There is nothing in multiple typical sources that confirm he was wounded as a result of hostile action or that he required treatment by medical personnel.  Therefore, notwithstanding his sincerity, in the absence of additional official documentary evidence to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is an insufficient evidentiary basis for granting the applicant's 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 AR20070004987, dated 1 November 2007.



      _______ _   _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)                                         AR20140010123



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ABCMR Record of Proceedings (cont)                                         AR20140010123



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