IN THE CASE OF: BOARD DATE: 16 July 2015 DOCKET NUMBER: AR20140020301 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 previous request to add the Purple Heart (PH) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge.) 2. In his request for reconsideration, he states, in effect, he should have been awarded the PH for injuries incurred from a land mine. He is enclosing a copy of his medical records showing he was treated for his injury to show there is sufficient evidence to warrant a relook. 3. He provides copies of a Standard Form 88 (Report of Medical Examination), the Record of Proceedings for his previous case, and his DD Form 214. 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 AR20130018054, on 24 June 2014. 2. The applicant provides new evidence that warrants consideration by the Board. 3. The applicant enlisted in the Regular Army on 27 October 1966. He was awarded military occupational specialty 62L (Wheeled Tractor Operator). He served in the Republic of Vietnam from 29 September 1967 to 31 May 1969. On 3 June 1969, he was honorably released from active duty after completing 2 years, 7 months, and 7 days of total active service. 4. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. Item 40 (Wounds) no entry (blank). b. Item 41 (Awards and Decorations) no entry for the PH. 5. The applicant provides a Standard Form 88 dated 3 June 1969 which shows the applicant underwent a pre-separation medical examination and that he "had crush injury to [his] right iliac crest on 2 May 1968." 6. The applicant's DD Form 214 does not show award of the PH. 7. There is no evidence in the available records showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action. 8. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name is listed as a casualty. 9. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant. 10. Army Regulation 600-8-22 (Military Awards) provides that the PH 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. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his record should be corrected to show he was awarded the Purple Heart was carefully considered. However, the evidence of record does not support the applicant's request for award of the PH. 2. The basic issue in this and in similar cases is whether or not the available evidence convincingly shows that the criteria for award of the PH were met. Unfortunately, it does not. 3. Absent evidence that conclusively shows the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding him the PH in this case. 4. The applicant and all others should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant 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 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. ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20140020301 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1