BOARD DATE:	    1 October 2015

		DOCKET NUMBER:  AR20150000982 


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 for award of the Purple Heart.

2.  The applicant states he was never recognized for being hit with shrapnel in his right leg.  He believes he should have been awarded the Purple Heart.  The week before Thanksgiving (15-21 November 1970), he was on a 6-man reconnaissance team performing routine surveillance for 10 days.  It was the monsoon season and the creeks were full.  The team was walking during midday along the water looking for a place to cross when they were hit.  They did not finish crossing and had to be airlifted out by a helicopter.  The air evacuation had the brigade commander on board.  Their scout was killed and he was found down river woven into the brush.  Another member was gravely wounded in the face.  He sustained wounds to his legs, they were cleaned, and he was returned to duty.  He previously requested award of the Purple Heart, but he was denied due to lack of medical records showing shrapnel was removed.  He is including his medical records as evidence to show the shrapnel was removed.

3.  The applicant provides copies of the following:

* Navy Medicine (NAVMED) 6300 (Inpatient Admission/Disposition Record)
* Standard Form (SF) 515 (Clinical Record – Tissue Examination)
* SF 516 (Clinical Record – Operation Report)
* SF 539 (Clinical Record – Abbreviated Clinical Record)

* two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 7 May 1970 and 14 February 1973
* previous Army Board for Correction of Military Records (ABCMR) Record of Proceedings
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* letter from the National Personnel Records Center (NPRC)

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 AR2003088184 on 27 January 2004.

2.  The applicant provided copies of the SF 515, SF 516, and SF 539 he received from the NPRC in May 2014.  He also stated as a new argument, in effect, he recently received copies of his medical records.  This is considered new evidence and argument and will be considered by the Board.

3.  The applicant's military records show he enlisted in the Regular Army (RA) on 6 March 1969 and he held military occupational specialty 11B (infantry indirect fire crewman).  He was honorably discharged on 7 May 1970 for the purpose of immediate reenlistment.

4.  He reenlisted in the RA on 8 May 1970.   

5.  He served in Vietnam from 22 August 1970 through 20 March 1971, during one campaign, and he was assigned to Company E, 1st Battalion, 506th Infantry.

6.  He provided copies of the following documents from the Naval Hospital, Great Lakes, IL. 

* NAVMED 6300 dated 5 December 1972, showing he was admitted to the Naval Hospital on and he was diagnosed with a foreign body in his right leg.  This form indicates he stated that he was struck in the right leg by a #79 round and now had shrapnel in his right leg
* SF 515 dated 6 December 1972, showing he was diagnosed with a foreign body reaction in the tissue of the right leg
* SF 516 dated 6 December 1972, showing he underwent surgery for removal of a foreign body from the right lower leg
* SF 539 dated 5 through 7 December 1972, showing he retained a small foreign body in his right leg

7.  His records contain an SF 93 (Report of Medical History) showing he underwent a physical examination on 13 February 1973 for the purpose of separation.  He indicated on this form that he was in fine health and he was a patient at the Great Lakes Hospital in 1972 for removal of shrapnel from his right leg sustained in Vietnam and he retained a scar.

8.  On 14 February 1973 he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group.  He was credited with completing a total of 3 years, 11 months, and 7 day of active service.  He was also credited with completing 8 months and 25 days of service in Vietnam.  His DD Form 214 lists the:

* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Mortar Bars (90mm and 60mm)

9.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 40 (Wounds) no entry to indicating he wounded in action while serving in Vietnam  
* Item 41 (Awards and Decorations) no entries for awards

10.  He also provided copies of the following:

   a.  Previous ABCMR ROP, dated 27 January 2004, wherein he was denied award of the Purple Heart as the available evidence failed to show he was wounded as a result of enemy action and that he was entitled to award of the Purple Heart.  The ABCMR also concluded that he was eligible for award of the Combat Infantryman Badge, one bronze service star to be affixed to his already-awarded Vietnam Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation for his service in Vietnam.  

   b.  A DD Form 215, dated 18 October 2004, correcting his 1973 DD Form 214 to list the Vietnam Service Medal with one bronze service star, Combat Infantryman Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

   c.  A letter, dated 19 May 2014, wherein, in response to his request, the NPRC provided him copies of his medical documents from the Great Lakes Naval Hospital, dated in 1972.
11.  His name is not listed on the Vietnam casualty roster.

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 award of the Purple Heart pertaining to the applicant.

13.  Army Regulation 600-8-22 (Military Award) states the:

   a.  Purple Heart is awarded for a wound sustained as a result of enemy 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.

   b.  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 proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for the award.  

   c.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

		(1)  Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action.

		(2)  Injury caused by enemy placed mine or trap.

		(3)  Injury caused by enemy released chemical, biological, or nuclear agent.

		(4)  Injury caused by vehicle or aircraft accident resulting from enemy fire.

		(5)  Concussion injuries caused as a result of enemy generated explosions.

   d.  An example of injuries or wounds which clearly do not justify award of the Purple Heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's available records contain an SF 93 wherein he indicated he had a piece of shrapnel removed from his leg in 1972 and the leg retained a scar. The medical documentation he provided with his current application shows in 1972 a small foreign body was removed from his right leg at the Great Lakes Naval Hospital, IL.  These documents do not indicate how or when he sustained the shrapnel wound.  It is unclear what caused this wound.

2.  Item 40 of his DA Form 20 does not show he was wounded in action in Vietnam.  Item 41 of this form does not list the Purple Heart.  His name is also not on the Vietnam casualty roster and a review of ADCARS did not reveal any orders awarding him the Purple Heart.

3.  By regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured in action.  There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.  

4.  Notwithstanding his contentions and his sincerity, in the absence of evidence confirming he sustained a wound/injury as a result of enemy action for award of the Purple Heart during his period of service in Vietnam there is insufficient evidence to support granting him the requested relief.

5.  In making this determination, the applicant and all others concerned should know that this in no way diminishes the sacrifices made by him 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 to amend the decision of the ABCMR set forth in Docket Number Docket Number AR2003088184, dated 27 January 2004.



      _______ _ 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)                                         AR20150000982



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ABCMR Record of Proceedings (cont)                                         AR20150000982



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