IN THE CASE OF:
BOARD DATE: 29 September 2015
DOCKET NUMBER: AR20150002472
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 request for award of the Purple Heart.
2. He states he disagrees with the denial of his application for award of the Purple Heart. He says he is providing a buddy statement from the doctor who was there at the time of his wounding.
3. He provides a supporting statement.
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 AR20130022292, on 24 July 2014.
2. The applicant was inducted into the Army of the United States on 20 March 1968. He was trained and awarded military occupational specialty 91B (medical corpsman). He served in the Republic of Vietnam (RVN) from 17 September 1968 to 23 October 1969 and he was assigned to Headquarters and Headquarters Company, 19th Engineer Battalion (Combat). He was honorably released from active duty on 22 October 1969 and credited with completing 1 year, 7 months, and 3 days of total active duty service.
3. There is no documentation in the available record that shows he sustained wounds or was treated for wounds incurred as a result of hostile action. Additionally, his name does not appear on the Vietnam casualty listing.
4. 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 the Purple Heart pertaining to the applicant.
5. In a statement, dated 12 January 2015, an individual indicated he was a battalion surgeon for the 19th Engineer Battalion, Combat, from August 1968 to August 1969. He said the applicant served as a medic in the battalion. He added that in November 1968, he diagnosed a case of malaria in one of their troops. He said the applicant and another medic volunteered to transport the Soldier to a clearing station about 8 miles south of their location. On the return trip, they encountered an ambush and several bullets penetrated the ambulance. One bullet entered the applicant's top left shoe grazing the top of his instep. He said the skin was slightly disrupted and bleeding was noted, but the wound did not require evacuation. Later, he cleansed the area and bandaged the wound and the wound healed without loss of service time.
6. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Purple Heart was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.
7. Army Regulation 600-8-22 (Military Awards), currently in effect, 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:
There are no general orders available which awarded the applicant the Purple Heart. There are no medical records available which show he was wounded or treated for wounds as a result of hostile action during his service in the RVN. While the veracity of the statement provided by a former comrade is not in question, without medical documentation the statement alone is not sufficient evidence to warrant approval of his request. In the absence of medical records supporting the applicant's contention, there is an insufficient basis for award of the Purple Heart in this case.
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 AR20130022292, dated 24 July 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) AR20130022292
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150002472
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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