IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160002839 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x ____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160002839 BOARD DETERMINATION/RECOMMENDATION: 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 decisions of the Army Board for Correction of Military Records as set forth in Docket Numbers AC95-10617 and AR20080006972 on 7 August 1996 and 17 July 2008, respectively. _____________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. IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160002839 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 the previous Army Board for Correction of Military Records (ABCMR) decisions promulgated in Docket Numbers AC95-10617 and AR20080006972 on 7 August 1996 and 17 July 2008, respectively. Specifically, he requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * he was awarded the Purple Heart * he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * he received his General Equivalency Diploma (GED) 2. The applicant states his DD Form 214 does not have the correct information. 3. The applicant provides a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 8 January 2016. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Numbers AC95-10617 and AR20080006972 on 7 August 1996 and 17 July 2008, respectively. 2. The applicant provides a new argument that was not previously considered by the Board; this new argument now warrants consideration. 3. The applicant enlisted in the Regular Army on 29 November 1965. Item 24 (Civilian Education) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he completed 8 years of grammar school. It does not show he graduated from high school or obtained his GED. 4. Following completion of his initial entry training, he was awarded military occupational specialty 91A (Medical Corpsman). 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 29 (Qualification in Arms), he earned the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); b. item 31 (Foreign Service), he served in Japan from on or about 30 June 1966 through on or about 1 December 1966; c. item 32 (Civilian Education), he completed 8 years of civilian education in 1960. It does not show he completed his GED; d. item 40 (Wounds), the absence of an entry that indicates he was wounded in action; and e. item 41 (Awards and Decorations), he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar. It does not indicate he was awarded the Purple Heart. 6. The applicant was honorably released from active duty on 11 May 1967. His DD Form 214 shows he was credited with completing 8 years of civilian education (general). 7. The applicant's available record is void of: a. Orders awarding him the Purple Heart, or other documentation that shows he served in the Republic of Vietnam or was treated for wounds or injuries he sustained as a result of hostile action during his service; b. Documentation that shows he received or completed his GED during his period of active service; and c. Documentation that shows he was awarded or authorized the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 8. The applicant provides a letter from NPRC, dated 8 January 2016, wherein he was notified that his request for correction of his records would be forwarded to the ABCMR. REFERENCES: 1. 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 or wounds sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record. A wound is an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. b. The Marksmanship Qualification Badge is awarded to indicate the degree (i.e. Expert, Sharpshooter, and Marksman) in which an individual has qualified in a prescribed record firing course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes the standardized policy for preparing and distributing the DD Form 214. a. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active military service at the time of release from active duty, retirement or discharge; therefore, entered information should be complete and accurate. The version of this regulation in effect at the time of the applicant's release from active duty stated to enter the civilian education information from the enlisted Soldier's DA Form 20. b. For enlisted personnel, Item 30 showed the highest civilian education level attained as the first entry in this block when not adequately covered in Item 25. DISCUSSION: 1. The applicant requests correction of his record to show he was awarded the Purple Heart and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and to show he received his GED. 2. The governing Army regulation provides that in order to be awarded the Purple Heart, a wound must have resulted from hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 3. The applicant has not provided and his records do not contain evidence that shows he was wounded as a result of hostile action during his period of military service. 4. The applicant requests that he be awarded the Expert Marksmanship Qualification Badge (M-16); however, his record is void of documentation, such as individual or group orders, or a DA Form 20 entry to corroborate his request. 5. The applicant's record is void of evidence that shows he completed his GED during his period of active service. His record shows he completed 8 years of civilian education in 1960. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002839 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002839 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2