BOARD DATE: 20 October 2015
DOCKET NUMBER: AR20150003368
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 correction of his military records to show he was awarded the Purple Heart.
2. The applicant states, in rebuttal to the discussion and conclusions written in the Army Board for Correction of Military Records (ABCMR) Docket Number AR20130011222, dated 18 February 2014, the following arguments:
a. When enemy automatic weapons fire began, he ran across the roof top for better cover. The roof gave way and he fell through injuring his left leg. He was helped off the roof by other Soldiers and taken to the hospital. The injury is a matter of official record.
b. He argues that it was a chaotic time during the Tet offensive. They did not have clerks or the time to write real time reports or narratives about what happened under fire. What clerks there were had hunkered down in bunkers or trenches until the enemy fire subsided.
c. He argues that he was a 21 year old country boy who had been drafted to serve his country. He had never before been out of the State of Alabama. He had no control of the inner workings of the Army, especially concerning the documentation of combat action and subsequent reports. He says his commanding officer, a chief warrant officer, asked him if he wanted to be recommended for the Purple Heart. He replied No, he just wanted to finish up his time and go home.
3. The applicant provides no additional documentation.
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 AR20130011222, on 18 February 2014.
2. The applicants arguments and more detailed explanations are considered new evidence and require consideration by the Board.
3. The original record of proceedings states the applicant requested correction of his military records to show award of the Purple Heart. The Board determined that the applicants records showed he may have had a laceration to his left leg while in the RVN; however, the available documentation did not show it was the result of enemy action. Item 40 (Wounds) of his DA Form 20 (Enlisted Personnel Record) was blank. Furthermore, he was not listed on the RVN Casualty Roster and there were no orders in the Awards and Decorations Computer-Assisted Retrieval System (ADCARS).
4. Army Regulation 600-8-22 (Military Awards) states the PH is awarded to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected by showing he was awarded the Purple Heart for injuries sustained while in the RVN.
2. There are no general orders showing the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. The applicant's DA Form 20 does not indicate he received any wounds while in action. The available evidence provided by the applicant does show that he had an injury to his leg; however, it does not provide substantiating evidence that this injury occurred as a result of enemy action.
3. The applicant restates his argument that he declined the Purple Heart when his commander asked him if he wanted to be recommended for the Purple Heart. This argument adds a measure of doubt as to whether the applicant was actually entitled to the Purple Heart. The Purple Heart is different from all other decorations in that an individual is not recommended for the decoration; rather, he or she is entitled to it upon meeting specific criteria. Furthermore, there are no regulatory provisions for declining the Purple Heart for wounds incurred as a result of enemy action.
4. In view of the above, the applicants request should be denied.
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.
ABCMR Record of Proceedings (cont) AR20150001151
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