IN THE CASE OF:  

		BOARD DATE:  6 February 2018

		DOCKET NUMBER:  AR20160015634


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.

												
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:  6 February 2018

		DOCKET NUMBER:  AR20160015634


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:QAS	:SMP	:SMP	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration



		IN THE CASE OF:  

		BOARD DATE:  6 February 2018

		DOCKET NUMBER:  AR20160015634


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 correction of his records to show award of the Purple Heart (2nd Award).

2.  The applicant does not make any additional statements; however, he did request to appear before the Board.

3.  The applicant does not provide any evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted into the Army of the United States on                   26 March 1969.  

2.  His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 23 September 1969 through 22 September 1970.  Item 40 (Wounds) contains no entries.

3.  On 25 March 1971, he was transferred to the United States Army Reserve Control Group (Annual Training).  The DD Form 214 issued at that time lists the following awards:

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal with device (1960)
* Bronze Star Medal

4.  There are no orders in his records awarding him the Purple Heart.  There is no medical evidence in the available records showing he was wounded as a result of hostile action or otherwise wounded or injured while serving in Vietnam.

5.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  There is no entry pertaining to the applicant in this list of RVN casualties.

6.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is 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.

REFERENCES:

1.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.  Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them.

2.  Army Regulation 15-185 (ABCMR), paragraph 2-11 states applicants do not have a right to a formal hearing before the ABCMR.  The Director, ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION:

1.  Although the applicant requested to personally appear before the Board, it was determined there is sufficient evidence available for fair and impartial consideration of his case.


2.  The criteria for award of the PH require substantiating evidence to verify that an injury/wound was the result of hostile action and required treatment by medical personnel.  The medical treatment must have been made a matter of official record.

3.  The available records are void of orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  Item 40 of the applicant's DA Form 20 is blank and his name is not included on the Vietnam Casualty Roster.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160015634



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



ABCMR Record of Proceedings (cont)	AR20160015634



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2