IN THE CASE OF: BOARD DATE: 24 April 2012 DOCKET NUMBER: AR20110020409 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 an earlier request to add the Purple Heart to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states: * he had shrapnel removed from his right hand on 27 April 1968 * he was wounded in the jungle during a firefight * his unit had four men killed and a bunch were wounded * he was presented with the Purple Heart in a formation by a company commander after he was treated for his wounds 3. The applicant provides a health record, dated 27 April 1968. 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 AR20110001332 on 26 July 2011. 2. The applicant provides a health record, dated 27 April 1968, that shows he was treated for a small fragment wound to his right hand. The fragment was removed from his hand. The health record provided by the applicant is new evidence that will be considered by the board. 3. The applicant was inducted into the Army of the United States on 21 September 1967. He served as a light weapons infantryman assigned to Company E, 1st Battalion, 506th Infantry, in Vietnam from 28 March 1968 to 5 March 1969. On 19 September 1969, he was released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 29 days of creditable active service with no lost time. 4. His DD Form 214 does not show the Purple Heart as an authorized award. 6. There are no orders for the Purple Heart in the available records. 7. 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. 8. His name does not appear on the Vietnam casualty roster. 9. Army Regulation 600-8-22 (Military Awards) states that 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 personnel, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. The applicant claims he was wounded in the jungle during a firefight in Vietnam and he was presented the Purple Heart. He provides a health record, dated 27 April 1968, that shows he was treated for a small fragment wound to his right hand. The fragment was removed from his hand. 2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires: * that the wound was the result of hostile action * treatment of the wound by military medical personnel * documentation of the wound in official records 3. There are no orders for the Purple Heart in the available records. There is no evidence of record and he provided no evidence that shows he was wounded or injured as a result of hostile action in Vietnam. Although the health record provided by the applicant shows he was treated for a small fragment wound to his right hand, it does not show he was wounded as a result of hostile action. Regrettably, there is an insufficient evidentiary basis to support adding the Purple Heart to his DD Form 214. 4. In view of the foregoing, there is no basis for granting the applicant's requested relief. 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110001332, dated 26 July 2011. __________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) AR20110020409 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110020409 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1