BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150003823 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 to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Presidential Unit Citation (PUC), Navy Unit Commendation (NUC), and Purple Heart. As a new issue, he requests a personal appearance before the Board. 2. The applicant states: * all the evidence was not considered * there was no falsification of his DD Form 214 or his awards that he received, to include those awards not received 3. The applicant provides: * a letter from a Disabled American Veterans National Service Office, dated 25 February 2015 * two requests for promotion to specialist four (SP4)/E-4 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 AR20140007531 on 22 January 2015. 2. The applicant provided two 1966 requests for promotion to SP4/E-4. This documentation is new evidence that warrants consideration by the Board at this time. 3. He was inducted into the Army of the United States on 26 November 1965. He served as a harbor craft boatswain and cook assigned to the 347th Transportation Company in Vietnam from 6 July 1966 to 7 July 1967. He attained the temporary rank of SP4/E-4 effective 9 January 1967. 4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show the Purple Heart as an authorized award. 5. On 24 November 1967, he was honorably released from active duty. 6. The DD Form 214 contained in his Official Military Personnel File shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Good Conduct Medal 7. There are no orders for the Purple Heart in the available records. 8. His name is not listed on the Vietnam casualty roster. 9. With his original application, he provided a copy of an altered DD Form 214 showing award of the Silver Star and Combat Infantryman Badge. 10. With his request for reconsideration, he provided a letter from a Disabled American Veterans National Service Office, dated 25 February 2015, stating the applicant contends all the evidence was not considered for the issues of denial and there was no falsification of his DD Form 214 or his awards that he received, to include those awards not received. 11. With his request for reconsideration, he also provided two requests for promotion to SP4/E-4. a. A DA Form 2496 (Disposition Form) from the 347th Transportation Company (Light Amphibious) Commander to the 24th Transportation Battalion (Terminal) Commander, undated, subject: Request for Promotion to SP4/E-4, requested the applicant's promotion to the rank/grade of SP4/E-4. b. A DA Form 2496 from the 347th Transportation Company (Light Amphibious) Commander to the 24th Transportation Battalion (Terminal) Commander, dated 30 December 1966, subject: Request for Promotion to SP4/E-4, requested the applicant's promotion to the rank/grade of SP4/E-4. 12. 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 U.S. Army Human Resources Command, failed to reveal any general orders showing he was awarded the Purple Heart. 13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet does not show the 347th Transportation Company was cited for award of the PUC or NUC during his period of assignment. 14. On 22 January 2015, the ABCMR granted partial relief by adding the following awards to his DD Form 214: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation * two bronze service stars with his already-awarded Vietnam Service Medal 15. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record. b. The PUC (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. c. The NUC was established by the Secretary of the Navy and is awarded to any ship, aircraft, detachment, or other unit of the naval service of the United States which has, subsequent to 6 December 1941, distinguished itself by outstanding heroism in action against the enemy, but not sufficient to justify award of the PUC. 16. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) governs operation of the ABCMR. Paragraph 2-11 states applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION AND CONCLUSIONS: 1. Although the applicant contends he did not falsify his DD Form 214, the DD Form 214 contained in his military records does not show award of the Silver Star or Combat Infantryman Badge as shown on the DD Form 214 he provided with his original application. 2. Since Department of the Army Pamphlet 672-3 does not show the 347th Transportation Company was cited for award of the PUC or NUC during his period of assignment in Vietnam, there is no evidentiary basis for adding these unit awards to his DD Form 214. 3. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart and all other awards. The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by military medical personnel, and documentation of the wound in official records. 4. There is no evidence of record showing he was wounded as a result of hostile action in Vietnam. Therefore, there is insufficient evidence in which to base awarding him the Purple Heart. 5. His request for a personal appearance hearing was also carefully considered. By regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant are sufficient to render a fair and equitable decision in his case. 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20140007531, dated 22 January 2015. 2. The Board further recommends denial of so much of the application that pertains to his request for a personal appearance hearing. ___________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) AR20150003823 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003823 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1