IN THE CASE OF:	  

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140013248 


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:

   a.  In February 1968, he was in a helicopter with the assistant division commander when they received enemy fire.  The pilot performed a controlled crash landing in which the applicant hurt his left side.  He was subsequently taken to the field hospital where he was diagnosed with having possibly cracked two ribs.

   b.  He received a wrap around his ribs for the pain on his left side.  Approximately four days later, he returned to the field hospital for a second wrap.  He claims the general received an award for the situation and his aide would be able to clearly provide verbal information of his injury.  He further states other Soldiers have been awarded the Purple Heart for less than his injury.

   c.  He is 84 years old and receives 100 percent disability from the Department of Veterans Affairs (VA).  His injured diaphragm (which is the result of the injury he received when he was involved in a controlled crash landing in the Republic of Vietnam) has now curled into his left lung which restricts his breathing.
   
   d.  He requests a complete review of his records and verification by those who served with him at the time of the incident in an effort to be awarded the Purple Heart.
3.  The applicant provides:

* 3 self-authored statements
* a newspaper clipping
* a letter from the VA
* 9 pages of post-service medical documentation

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 AR20130016132, on 8 May 2014.

2.  The applicant provides several additional pages of post-service medical documentation.  These documents were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  Having prior enlisted service, the applicant retired in the rank/grade of lieutenant colonel (LTC/O-5) on 30 April 1971.

4.  Item 17 (Foreign Service) of the applicant's DA Form 66 (Officer Qualification Record) shows he served in the Republic of Vietnam during the period 18 June 1967 to 12 June 1968.

5.  On 30 April 1971, he was retired from active duty in the rank/grade of LTC/O-5 after completing 20 years, 1 month, and 25 days of 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.  The applicant's records are void of any orders or other documents that indicate he was ever eligible for or awarded the Purple Heart by proper authority while serving on active duty.

7.  During the processing of this case, a member of the Board staff reviewed the Department of the Army Vietnam casualty listing.  There was no entry pertaining to the applicant in this listing.

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

9.  The applicant's medical records were not available for review nor is there any indication the applicant petitioned for award of the Purple Heart while still assigned in the Republic of Vietnam, after his return to the United States, or at any time prior to his retirement.

10.  The applicant provides several additional pages of post-service medical documentation which show he suffers from a history of diaphragmatic paralysis and a letter from the VA stating he is considered to be totally and permanently disabled due to his service-connected disabilities.

11.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the Purple Heart.  It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

12.  Army Regulation 15-185 (ABCMR), paragraph 2-5 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 applicant's request for award of the Purple Heart was carefully reconsidered and it was determined there is still insufficient evidence to support his request.

2.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria.  Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.

3.  Notwithstanding the applicant's statements and post-service medical documentation, there is no corroborating evidence of the time to support his claim.  

4.  The applicant's sincerity is not in question; however, although he claims he was injured, in the absence of documentary evidence that shows he was injured or wounded as a result of hostile action or treated for such wounds or that his treatment was made a matter of official record, the regulatory burden of proof necessary to support award of the Purple Heart has not been met.

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 AR20130016132, dated 8 May 2014.



      ___________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)                                         AR20140013248





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ABCMR Record of Proceedings (cont)                                         AR20140013248



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