IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017901 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: 13 April 2017 DOCKET NUMBER: AR20150017901 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 set forth by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100022870, dated 24 March 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. IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017901 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 correction of his 18 August 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he reenlisted in the Regular Army (RA). 2. The applicant states (once again) that he: * was in the hospital at the 25th Infantry Division in Cu Chi, Vietnam in August 1969 * was awarded a Purple Heart for shrapnel wounds caused by a rocket attack * reenlisted in August 1969, but it is not reflected on his DD Form 214 3. The applicant provides a copy of a photograph. 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 AR20100022870, dated 24 March 2011. 2. The applicant enlisted in the RA on 25 May 1949. He was honorably retired from active duty on 30 April 1972. His military service, including the separation documents he was issued, is summarized in the original Record of Proceedings. a. He reenlisted in the RA on 19 August 1963 for a period of 6 years. b. A DD Form 214 shows he entered active duty (this period) on 19 August 1963 for a period of 6 years and that he was honorably discharged on 18 August 1969. (1) Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not list the Purple Heart. (2) Item 30 (Remarks), in pertinent part, shows the entry "REENLISTED." c. He reenlisted in the RA on 19 August 1969 for a period of 3 years. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 40 (Wounds) is blank (no entries) * item 41 (Awards and Decorations) does not list the Purple Heart 4. A review of the applicant's military personnel records failed to reveal any orders or other evidence showing he was awarded the Purple Heart. 5. A Standard Form (SF) 89 (Report of Medical History), prepared by the applicant on 5 November 1971 as part of his retirement physical examination, shows in: * item 33 (Have you ever had any illness or injury other than those already noted?), an "X" was entered in the "NO" box * item 34 (Have you consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years?), an "X" was entered in the "NO" box * the applicant signed his name in the box for signature 6. An SF 93 (Report of Medical Examination), pertaining to the applicant and prepared by the examining physician on 5 November 1971, shows in the Clinical Evaluation section in: * item 35 (Upper Extremities), an "X" was entered in the "NORMAL" box * item 39 (Identifying Body Marks, Scars, Tattoos), an "X" was entered in the "ABNORMAL" box and the typed entry, "Tattoo both upper arms and left forearm" * items 79 and 80 (Signatures), the examining physicians signed this form 7. A review of The Adjutant General's Office, Casualty Division's Vietnam Casualty Roster failed to reveal the applicant's name, service number, or social security number. 8. A request for 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 return award orders for the Purple Heart pertaining to the applicant. 9. On 3 August 2011, the applicant sent a letter to the National Personnel Records Center, St. Louis, MO, pertaining to the decision rendered by the ABCMR. He stated, "I am just writing this letter to let you know that I am Displeased with whoever makes the decisions, and I will abide by it." 10. In support of his application the applicant provides a copy of a photograph of a human arm that appears to show the remnants of a tattoo. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It shows the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. In order to support awarding a member the Purple Heart, 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: 1. The applicant's request for award of the Purple Heart and correction of his 18 August 1969 DD Form 214 to show he reenlisted in the RA was carefully reconsidered. 2. The DD Form 214 the applicant was issued when he was discharged on 18 August 1969 to reenlist in the RA shows in item 30 the entry, "REENLISTED." 3. The applicant's military service records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy or that any such wound or injury required treatment by medical personnel and was made a matter of official record. a. The applicant is not listed on the Vietnam Casualty Roster. b. There are no orders or any other evidence that shows he was awarded the Purple Heart. c. The photograph he provided in support of his claim was considered. d. He did not offer information pertaining to any such wound or injury on his retirement physical examination. e. There is an insufficient evidentiary basis for granting the applicant's claim to 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) AR20150017901 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017901 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2