BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160018871 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: 11 May 2017 DOCKET NUMBER: AR20160018871 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: 11 May 2017 DOCKET NUMBER: AR20160018871 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 the Purple Heart. As a new issue he requests correction of his records to show he received shrapnel wounds while in combat. 2. The applicant states he was wounded in combat while serving his country in Vietnam. He is service-connected for those wounds and he would like the record to reflect his wounds. He wants the Purple Heart added to his records and awarded to him. 3. The applicant provides a Congressional interest letter, letter from the Disabled American Veterans, Consult Requests-VISTA Electronic Medical Documentation (page 10), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and DD Form 215 (Correction to 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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR2004105957 on 20 July 2004. 2. The applicant provides new evidence that warrants consideration by the Board. 3. The applicant was inducted into the Army of the United States on 7 May 1968. 4. His DA Form 20 (Enlisted Qualification Record) shows the following information: a. Item 31 (Foreign Service) – he served in Vietnam from 7 October 1968 through 7 October 1969. b. Item 38 (Record of Assignments) – he was assigned to duty in Vietnam with C Company, 5th Battalion, 7th Calvary, 1st Calvary Division. c. Item 40 (Wounds) – no entry indicating he sustained wounds in action. d. Item 41 (Awards and Decorations) – no entry for the Purple Heart. 5. His service record does not contain orders awarding him the Purple Heart and the Vietnam casualty roster does not list his name. This roster is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart. 6. The Army honorably released him from active duty on 6 May 1970 and transferred him to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 issued for this period does not show the Purple Heart. 7. He provided a DD Form 215 issued on 20 May 2005 that added the following awards to his DD Form 214: * Combat Infantryman Badge * Air Medal * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge 8. He provided a letter, dated 23 February 2016, from the Disabled American Veterans informing him of the Department of Veterans Affairs (VA) decision regarding his claim for benefits. The letter indicated that the VA granted him service connection for shrapnel scars on his right shoulder with an evaluation of zero percent (%) and shrapnel scars on his forehead with an evaluation of 30%. The evaluation of hearing loss remained 0%, post-traumatic stress disorder (PTSD) remained 10%, and shrapnel scars to right shoulder (mid-clavicular) area increased to 10%. 9. He provided VISTA Electronic Medical Documentation printed on 30 August 2016 that indicates he was granted service connection at 50% for facial scars, PTSD, superficial scars, tinnitus, scars, facial scars, and impaired hearing. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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. 2. Army Regulation 635-5 (Separation Documents) in effect at the time prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation did not provide guidance for entry of wounds received in action on the DD Form 214. DISCUSSION: 1. The applicant contends he was wounded in combat while serving in Vietnam. However, his service record is void of medical documentation confirming he was injured as a result of hostile action and treated by medical personnel and that the treatment was made a matter of record. His name is not on the Vietnam casualty roster. 2. By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded because of enemy action, that the wound required treatment by medical personnel, and that the treatment was made a matter of official record. 3. Although he has been granted VA service-connected disability ratings for several conditions, the evidence does not show that any of his conditions, in particular his scars, stem from wounds received as a result of enemy 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) AR20160018871 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018871 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2