IN THE CASE OF:    

		BOARD DATE:  1 September 2015	  

		DOCKET NUMBER:  AR20150002196 


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 recently received his medical records and this is new evidence.  

3.  The applicant provides:

* DA Form 8-275-3 (Clinical Record Cover Sheet)
* Standard Form (SF) 502 (Clinical Record – Narrative Summary)
* SF 589 (Clinical Record – Abbreviated Clinical Record)
* email correspondence 
* four photographs
* previous Army Board for Correction of Military Records (ABCMR) Record of Proceedings

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 AR20130008795 on 23 January 2014.


2.  The applicant provided a DA Form 8-275-3, SFs 502 and 589, email correspondence, and four photographs.  This is considered new evidence and will be considered by the Board.

3.  His military records show he was inducted into the Army of the United States on 6 March 1968 and he held military occupational specialty 11D (armor reconnaissance specialist).

4.  He served in Vietnam from 31 July 1969 through on or about 22 February 1970.  He was assigned to:

* 23rd Adjutant General Administrative Replacement Detachment from 3 August through 14 August 1969
* B Troop, 1st Squadron, 1st Cavalry, Americal Division, from 15 August 1969 through 21 February 1970

5.  He provided copies of the following:

   a.  A DA Form 8-275-3 showing he was admitted to the hospital on 24 November 1969 and was diagnosed with a laceration of his left anterion shin with no nerve or artery involvement.  The form stated he fell off a tank on 24 November 1969, received treatment, and was returned to duty on the same day.

   b.  An SF 502, dated 25 November 1969, showing he was transferred from a surgical unit due to a laceration to his left leg and light duty was prescribed.

   c.  An SF 589 showing he received treatment for swelling and tenderness of his leg between 27 and 29 November 1969.

6.  He was honorably released from active duty on 25 February 1970, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group. He was credited with completing 1 year, 11 months, and 20 days of net active service and 6 months and 24 days of foreign service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Meal
* one overseas service bar
* Combat Infantryman Badge
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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

* Item 40 (Wounds) no entry to show he was wounded in action while serving in Vietnam  
* Item 41 (Awards and Decorations) does not list the Purple Heart

8.  He also provided copies of the following:

* email correspondence, dated 31 July 2010, wherein he requested information from a former member of his unit pertaining to him going off a bridge in November 1969
* four photographs alleged to be of himself (two), the tank's driver, the bridge, and the tank

9.  His name is not listed on the Vietnam casualty roster.

10.  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.

11.  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 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.

   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 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.  There is no available evidence of record and the applicant did not provide sufficient evidence showing he sustained a wound/injury as a result of enemy action for award of the Purple Heart during his period of service in Vietnam.  

2.  The medical documentation he provided with his current application shows he sustained a laceration to his left leg when he fell off a tank in Vietnam, received medical treatment, and a record of this treatment was made a matter of official record.  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.  

4.  Notwithstanding his contentions and his sincerity, there is insufficient evidence upon which to base award of the Purple Heart.  Therefore, he is not entitled to award of the Purple Heart and its addition to his DD Form 214.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 AR20130008795, dated 23 January 2014.

2.  In making this determination, the applicant and all others concerned should know that this action 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.




      _______ _   _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)                                         AR20150002196





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ABCMR Record of Proceedings (cont)                                         AR20150002196



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