IN THE CASE OF:
BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20140020301
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 previous request to add the Purple Heart (PH) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge.)
2. In his request for reconsideration, he states, in effect, he should have been awarded the PH for injuries incurred from a land mine. He is enclosing a copy of his medical records showing he was treated for his injury to show there is sufficient evidence to warrant a relook.
3. He provides copies of a Standard Form 88 (Report of Medical Examination), the Record of Proceedings for his previous case, and his DD Form 214.
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 AR20130018054, on 24 June 2014.
2. The applicant provides new evidence that warrants consideration by the Board.
3. The applicant enlisted in the Regular Army on 27 October 1966. He was awarded military occupational specialty 62L (Wheeled Tractor Operator). He served in the Republic of Vietnam from 29 September 1967 to 31 May 1969. On 3 June 1969, he was honorably released from active duty after completing 2 years, 7 months, and 7 days of total active service.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 40 (Wounds) no entry (blank).
b. Item 41 (Awards and Decorations) no entry for the PH.
5. The applicant provides a Standard Form 88 dated 3 June 1969 which shows the applicant underwent a pre-separation medical examination and that he "had crush injury to [his] right iliac crest on 2 May 1968."
6. The applicant's DD Form 214 does not show award of the PH.
7. There is no evidence in the available records showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
8. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name is listed as a casualty.
9. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant.
10. Army Regulation 600-8-22 (Military Awards) provides that the PH 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 that his record should be corrected to show he was awarded the Purple Heart was carefully considered. However, the evidence of record does not support the applicant's request for award of the PH.
2. The basic issue in this and in similar cases is whether or not the available evidence convincingly shows that the criteria for award of the PH were met. Unfortunately, it does not.
3. Absent evidence that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding him the PH in this case.
4. The applicant and all others should know that 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.
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 for correction of the records of the individual concerned.
___________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.
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
ABCMR Record of Proceedings (cont) AR20140020301
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130004727
His service record is void of evidence that shows he was wounded in action or treated for wounds as a result of hostile action in Vietnam. Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action. His service record is void of evidence which shows he was assigned to this unit in Vietnam and this entry does not include the date he sustained the injury.
ARMY | BCMR | CY2012 | 20120007779
A Standard Form 88 (Report of Medical Examination) and a Standard Form 89 (Report of Medical History) completed at the time of his release from active duty do not show he was wounded as a result of enemy action. Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Although the RVN Gallantry Cross orders indicate he was wounded, his service record is void of evidence that he was wounded...
ARMY | BCMR | CY2014 | 20140012161
In support of his previous application he provided a DD Form 1380 showing he received a wasp sting while setting out a trip flare on 29 September 1968. Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action. The evidence of record shows that the applicant was injured by wasp stings during his service in Vietnam and that his injury required treatment by medical personnel.
ARMY | BCMR | CY2007 | 20070006113C071029
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. This search also did not return any information to indicate the applicant was wounded in action on 19 September 1967 by a hostile enemy. On 13 August 2007, a request for a morning report search was made for any information showing the applicant was wounded and was sent to the hospital as a result of being wounded in action (WIA) by a hostile enemy.
ARMY | BCMR | CY2009 | 20090013542
IN THE CASE OF: BOARD DATE: 14 January 2010 DOCKET NUMBER: AR20090013542 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There is no evidence in the available records which show that the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in Vietnam. The service medical record provided by the applicant does not show that the lacerations to his legs were the result of hostile action.
ARMY | BCMR | CY2003 | 2003084917C070212
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states, in effect, that he was never awarded the PH for the wounds he received while serving in the Republic of Vietnam (RVN). His Military Personnel Records Jacket (MPRJ) also contains no orders or other documents showing that he was ever wounded or injured in action, or that he was recommended...
ARMY | BCMR | CY2012 | 20120021323
The applicant provides: a. An email, dated 23 January 2012, from a Verizon email user who states he was the unit medic at the time in question and that he treated the applicant for a small concussion at Vinh Kim after a mortar round knocked him off his feet in February 1969. c. A statement, dated 12 January 2012, from a radio telephone operator who served in the same unit at the time. Therefore, in the absence of additional documentation that conclusively shows he was wounded or injured as...
ARMY | BCMR | CY2006 | 20060015357C071029
The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents that indicate he was ever recommended for, or awarded the PH by proper authority while serving on active duty. However, by regulation, in order to support award of the PH there must be evidence confirming the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this medical treatment must have...
ARMY | BCMR | CY2008 | 20080005948
Application for correction of military records (with supporting documents provided, if any). It further determined there was no evidence of record that indicated the applicant had ever been awarded the PH by proper authority while serving on active duty. The Board finally concluded that absent any evidence of record confirming the applicant was wounded in action or treated for a combat related wound by military medical personnel, there was insufficient evidence upon which to base award of the PH.
ARMY | BCMR | CY2009 | 20090001240
Application for correction of military records (with supporting documents provided, if any). However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by medical personnel; and a record of this medical treatment must have been made a matter of official record. Therefore, absent any evidence of record confirming the applicant was wounded in...