IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20140017517
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, in effect:
* his active duty medical records note that he was struck by grenade fragments while engaged in combat in Vietnam on 4 February 1970
* his left infraorbital (below or beneath the orbit of the eye) region was struck and lacerated causing hospitalization
* he had a traumatic macular hole in his left eye with considerable macular edema and hemorrhage
3. The applicant provides copies of:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* his Department of Veterans Affairs (VA) rating decision
* medical records (four pages)
* a letter
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 ABCMR in Docket Number AR20080013829 on 16 October 2008.
2. The applicant provided new arguments, medical records, and a VA rating decision that were not previously considered by the Board and warrant consideration at this time.
3. The applicant enlisted in the Regular Army (RA) on 19 May 1969.
4. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he served in Vietnam from 12 October 1969 to 16 February 1970
* item 38 (Record of Assignments) he was assigned to Company B, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade from 27 October 1969 to 16 February 1970
* item 40 (Wounds) no entries
* item 41 (Awards and Decorations) does not list the Purple Heart
5. His record contains a Casualty Report, dated 7 February 1970, which states that he received a macular wound to his left eye due to the premature detonation of a grenade being used for H&I fire (destroying terrain the enemy could use for cover and concealment).
6. His record contains a Western Union Telegram, dated 7 February 1970, which shows the applicant was injured as a result of non-hostile action (accidental) in Vietnam on 4 February 1970, by a fragment while in a night defensive position when a grenade prematurely detonated.
7. On 13 May 1971, he was honorably released from active duty after completing a total of 1 year, 11 months, and 25 days of active service. His DD Form 214 does not show award of the Purple Heart.
8. The Vietnam casualty listing does not list the applicant as a casualty.
9. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.
10. The applicant provided the following documents and arguments in support of his request for reconsideration:
a. Four pages of medical records, dated between 9 February and 2 March 1970, which show on 4 February 1970, he was treated for a laceration of the left infraorbital region when he was going to throw a grenade and accidently dropped it/or it was prematurely detonated.
b. A letter from the Audie L. Murphy Veterans Administration Hospital, dated
8 April 1997, which stated the applicant is legally blind in his left eye secondary to a macular scar for which he is service connected.
c. His VA Rating Decision, dated 9 July 2012, which shows that he received a 30 percent service-connected disability rating for his traumatic retinopathy of he left eye.
11. Army Regulation 600-8-22 (Military Awards) states 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's contention that he is entitled to correction of his records to show award of the Purple Heart has been carefully considered and was found to lack merit.
2. The evidence of record shows the applicant was wounded during H & I fire on 4 February 1970, when his grenade was prematurely detonated. He required medical treatment, and it was made a matter of record. However, there is no evidence that shows his wound was sustained in action against an enemy or as a result of hostile action. In fact, the Western Union Telegram clearly states the wound sustained was the result of a non-hostile action (accidental). Therefore, he is not entitled to correction of his record to show award of the Purple Heart.
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 AR20080013829 on 16 October 2008 to show award of the Purple Heart.
_______ _ 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) AR20140017517
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ABCMR Record of Proceedings (cont) AR20140017517
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