IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160018341 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: 9 January 2018 DOCKET NUMBER: AR20160018341 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 AR20040007751 on 5 May 2005. _____________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: 9 January 2018 DOCKET NUMBER: AR20160018341 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 the previous Army Board for Correction of Military Records (ABCMR) decision as promulgated in Docket Number AR20040007751 on 5 May 2005. Specifically, he requests he be awarded the Purple Heart for wounds he received in the Republic of Vietnam. 2. The applicant states he was wounded in the buttocks but never received a Purple Heart. He was blown 20 feet off of a truck after another truck went over a land mine. He deserves his Purple Heart even though he has waited this long. a. While serving and participating in Operation Junction City during the month of March 1967, he drove into the middle of a minefield. The incident occurred while he was beginning to set up a perimeter in a large open area. He was riding outside on the back of a 2 1/2 ton truck, when a 5-ton dump truck directly alongside him hit a mine; he and another Soldier were wounded. b. Within a few minutes, a personnel carrier behind him hit another mine causing a Soldier he did not know to be killed. A third mine exploded when his company's tank ran over it. The close proximity to the explosion left him with hearing loss, which continued to worsen over the years. He is now in the process of receiving hearing aids. In addition, medics attended to him in the field. c. On 25 March 1967, sometime after the initial incident during the same operation, his platoon was ambushed. Three of his buddies were killed in action and several others were wounded. Air and artillery attacks were called in and napalm bombs were dropped very close to their position. The next few months were followed by more stressful combat related occurrences when his base camp came under heavy mortar attacks. All of those incidents, and his being exposed to bombs, artillery, and mines exploding at close proximity while in combat, are the core factors that led to his post-traumatic stress disorder (PTSD) and hearing loss. 3. The applicant provides: * a self-authored statement * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 November 1967 * four witness statements CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20040007751 on 5 May 2005. 2. The applicant provides witness statements that were not previously considered by the Board in its earlier consideration of his case. These documents constitute new evidence that now warrants consideration by the Board. 3. The applicant was inducted into the Army of the United States on 26 November 1965. He completed his initial entry training and was awarded military occupational specialty 12B (Combat Engineer). 4. The applicant served in the Republic of Vietnam from on or about 7 July 1966 through on or about 9 June 1967. 5. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is void of entries that confirm he suffered combat wounds during his service in the Republic of Vietnam. 6. The applicant was released from active duty on 24 November 1967. His DD Form 214 does not show he was awarded the Purple Heart. 7. The applicant's available record does not contain orders for the Purple Heart, nor does it contain documentation that indicates he was treated for wounds or injuries he sustained as a result of hostile forces during his service in the Republic of Vietnam. His name does not appear on the Vietnam casualty roster. 8. A review of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System failed to reveal any orders that show the applicant was previously awarded the Purple Heart. 9. The applicant provides witness statements from former service members who contend he was wounded after a mine exploded. The statements assert: * he was thrown several feet and was on fire when a truck behind his jeep blew up * he was injured with other Soldiers when three of their vehicles hit mines while clearing a mine field * he was hit with shrapnel when a mine went off while they were clearing a mine field * he was hit with shrapnel when another truck hit a mine REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound or wounds sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and the treatment was made a matter of official record. DISCUSSION: 1. The governing Army regulation provides that in order to be awarded the Purple Heart, a wound must be as a 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. 2. The applicant's record does not contain evidence that shows he was wounded or injured during his service in Vietnam. Similarly, the Vietnam casualty roster does not indicate he was wounded or injured during his service in Vietnam. 3. The applicant provides statements from former service members who contend they witnessed him being injured during hostile action. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014846 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018341 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2