BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20150007359 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 BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20150007359 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 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. BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20150007359 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 request for award of the Purple Heart and issuance of a DD Form 215 (Correction to DD Form 214) correcting his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. The applicant states he "sustained fragment wounds to the left calf by grenade fragments from a 2.75" Unguided Rocket fired from a U.S. Helicopter during an assault on the enemy" on 13 September 1970 in Vietnam. He sought medical treatment and he was hospitalized for 13 days. He further states he sustained injuries because of friendly fire and goes on to site the various provisions pertaining to award of the Purple Heart referred to in Public Law, Executive Orders, and Title 10, U.S. Code. 3. The applicant provides the following new evidence: * correspondence from his Member of Congress * Standard Form (SF) 600 (Chronological Record of Medical Care) with entries dated from 17 April 1969 to 8 May 1969 * SF 513 (Clinical Record, Consultation Sheet), dated 8 May 1969 and 27 September 1970 * SF 600 with entries dated from 4 April 1970 to 1 December 1970 * SF 602 (Clinical Record, Narrative Summary), dated November 1970 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records, summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140001796 on 16 September 2014. 2. The applicant provides new argument and new evidence the Board did not previously consider. The new evidence and argument warrants consideration by the Board. 3. The applicant was inducted into the Army of the United States on 17 March 1969. After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), and after a period of additional training he was awarded primary MOS 11F (Infantry Operations and Intelligence Specialist). 4. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – he was credited with service in Vietnam from 6 March to 31 December 1970 * item 40 (Wounds) – no entry indicating he was wounded as a result of hostile action * item 41 (Awards and Decorations) – no entry for the Purple Heart 5. Special Orders Number 265 Extract, issued by Headquarters, 199th Infantry Brigade, dated 22 September 1970, show he was in a casualty status at the 93rd Evacuation Hospital. 6. He was honorably released from active duty on 2 January 1971. His DD Form 214 does not show the Purple Heart. 7. Review of the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division, does not show the applicant's name listed as a casualty. 8. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. 9. The applicant's record contains a DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), dated 27 May 2014. a. In his application, he requested award of the Purple Heart and issuance of a DD Form 215 (Correction to the DD Form 214) to reflect this award. b. In his application, the applicant states he "sustained grenade fragments to [his] left calf area from an enemy combatant on [13 September 1970] in Vietnam." c. He provided extracts from his service medical records showing he was hospitalized in the 93rd Evacuation Hospital from 13 to 26 September 1970 with his application. These extracts show he was diagnosed with a fragmentary wound to the left leg, the wound was cleaned in the emergency room, and sutures were removed 6 days later. He later complained of pain in the area, and it was noted that fragments had not been removed. None of the documents he provides show that he was wounded because of hostile action. 10. On 16 September 2014, the ABCMR denied his request for the Purple Heart due to the absence of documentary evidence substantiating his statement that he was wounded by an enemy combatant. 11. The applicant submitted a DD Form 149, dated 16 April 2015. a. In his application, he requested reconsideration of his previous request for award of the Purple Heart and issuance of a DD Form 215 to reflect this award. b. In his application, the applicant states he "sustained fragment wounds to the left calf by grenade fragments from a 2.75" Unguided Rocket fired from a U.S. Helicopter during an assault on the enemy" on 13 September 1970 in Vietnam. c. He provided new evidence in the form of additional extracts from his medical record; however, these medical records do not contain any additional evidence pertaining to the fragment wound to his left leg 12. His record does not contain any evidence showing he engaged with a hostile enemy force on 13 September 1970 or that he sustained fragment wounds to his left calf by grenade fragments from an unguided rocket fired from a U.S. helicopter during an assault on the enemy during that engagement. REFERENCES: Army Regulation 600-8-22 (Military Awards) states 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 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. In accordance with Title 10, U.S. Code, Section 1129, the Secretary of the Army will treat a Servicemember who is wounded in action, on or after 7 December 1941, by friendly weapon fire, while directly engaged in armed conflict, in the same manner as a Servicemember who is killed or wounded in action as the result of an act of an enemy of the United States. DISCUSSION: 1. The evidence of record shows that in the applicant's first application to the ABCMR he stated he "sustained grenade fragments to [his] left calf area from an enemy combatant." However, when he applied for reconsideration he stated he "sustained fragment wounds to the left calf by grenade fragments from a 2.75" Unguided Rocket fired from a U.S. Helicopter during an assault on the enemy." 2. The evidence of record confirms he sustained fragment wounds to his left leg, but is void of evidence describing exactly how the injury occurred. His record does not contain and he has not provided any evidence to show he sustained an injury because of friendly fire, in the heat of battle, while he was actively participating in the battle and engaging the enemy. 3. As stated in the previous record of proceedings, there is "no documentary evidence substantiating his statement that he was wounded by an enemy combatant." 4. The applicant's request for award of the Purple Heart does not meet the criteria listed in Army Regulation 600-8-22 as there is no documentary evidence describing the circumstances surrounding his injury. Documentary evidence is required for award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150007359 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150007359 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2