IN THE CASE OF: BOARD DATE: 18 November 2015 DOCKET NUMBER: AR20150005435 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 award of the Purple Heart. 2. The applicant states he was injured in Vietnam on 16 May 1970 at Can Tho Airfield. The facts he previously presented are true and the events happened. The injuries he received did occur and he provided then and he now provides witness statements. He feels he presented sufficient evidence. He has no explanation why his records do not reflect the events that took place. When he returned from Vietnam, he was assigned to Fort Rucker, AL where he had an infection on his right elbow and where he was treated. The doctor lanced the infection and removed a piece of shrapnel. The records he has do not reflect the treatment or any other visit to the hospital for treatment of a severe headache. It appears all the documentation was not entered into his file. 3. The applicant provides: * Purple Heart Certificate for Sergeant G--- H--- * Statement from Mr. G--- J. H--- 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 AR20140003549 on 14 October 2014. 2. The applicant provides a statement from Mr. G--- J. H--- who allegedly was wounded on the same date and a copy of then - Sergeant G--- H---'s Purple Heart Certificate. This is considered new evidence and warrants consideration by the Board. 3. The applicant was inducted into the Army of the United States on 23 July 1969 and held military occupational specialty 63B (Wheel Vehicle Mechanic). 4. He served in Vietnam from 15 December 1969 to 16 November 1970. He was assigned to Headquarters and Headquarters Company (HHC), 164th Aviation Group. 5. Following his Vietnam tour, he was reassigned to HHC, 53rd Aviation Battalion, Fort Rucker, AL. 6. He was honorably released from active duty on 22 July 1971 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * 1 overseas service bar * Army Commendation Medal 7. He provides a certificate, dated 17 May 1970, showing Sergeant G--- H--- was awarded the Purple Heart for wounds received in action in the Republic of South Vietnam on 16 May 1970. 8. He also provides a statement from Mr. G--- J. H--- who states that he served with the applicant at the 164th Combat Aviation Group that was headquartered at Can Tho Airfield in Vietnam. They were domiciled in the same barracks. On 16 May 1970, they were both wounded by the same 82 mm round during an enemy mortar attack. The applicant's neck wound was particularly frightening because they were trained that any neck trauma required immediate, skilled attention. They were both thankful for his recovery and return to duty. The records are somehow lost, possibly due to the overwhelming number of injuries/deaths during an intense campaign. The applicant earned the Purple Heart. 9. Nothing in several typical documents shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: a. Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. b. His name is not shown on the Vietnam casualty roster. c. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him. d. His records do not contain a Western Union Telegram informing his next of kin of an injury or wound or any Army Adjutant General correspondence regarding an injury. e. His service medical records, specifically the treatment records for the claimed injury, are not available for review with this case. 10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile 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. 11. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases on the evidence of record. It is not an investigative body DISCUSSION AND CONCLUSIONS: The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record. a. In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 does not show he was wounded in action, his medical records are not available for review with this case, and his service record is void of orders that show he was awarded the Purple Heart. His record is also void of any official Army correspondence or Western Union telegrams and there is no conclusive evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds. b. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases on the evidence of record; it is not an investigative body. c. Notwithstanding his sincerity and that of the individual who wrote a statement supporting this award, the three components for award of the Purple Heart have not been met in this case. In the absence of official documentary evidence such as operation orders, morning reports, after action reports, or official orders to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action, and treated for those wounds, there is insufficient evidence to show he meets the criteria for award of the Purple Heart. d. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation. He 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 AR20140003549 on 14 October 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) AR20150005435 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005435 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1