BOARD DATE: 31 July 2018 DOCKET NUMBER: AR20160019530 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: 31 July 2018 DOCKET NUMBER: AR20160019530 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: 31 July 2018 DOCKET NUMBER: AR20160019530 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 previous request for correction of his record to show he was awarded the Purple Heart for wounds received in Vietnam. 2. The applicant states that due to their location his wounds were treated by the company medic and nothing was documented. He was young and tough and just did not pursue the Purple Heart. 3. The applicant provides: * three letters of support from his former members of his unit * an Army Human Resources Command (HRC) informational packet 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 AC92-06092 on 1 July 1992. 2. The applicant served on active duty from 25 July 1967 through 24 July 1969 with service in Vietnam from 15 December 1967 through 13 December 1968. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows at: * item 40 (Wounds) – no entry * item 41 (Awards and Decoration) – no entry for the Purple Heart 4. The applicant was honorably released from active duty on 3 April 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect an award of the Purple Heart. 5. The ABCMR denied the applicant's request for the Purple Heart in 1992. The reason for the denial was that there were no records to substantiate that he was wounded or treated for injuries incurred as a result of enemy action. 6. The letters of support all state that the applicant was wounded in August 1968 when a mortar landed between him and the road. He sustained shrapnel wounds from the blast that were treated by the company medic. 7. The packet from AHRC advised the applicant of what was necessary to substantiate his entitlement to the Purple Heart. 8. The available medical records do not include any reference to treatment for a wound sustained as a result of enemy action. 9. A review of the Vietnam Casualty List failed to locate any reference to the applicant. 10. A 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 AHRC, failed to reveal any orders for the Purple Heart pertaining to the applicant. REFERENCES: Army Regulation (AR) 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 that 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. DISCUSSION: 1. The applicant provides letters of support from eyewitnesses to an injury he incurred during his service in Vietnam. It appears the incident occurred in August 1968, and his injury was treated by a medic. 2. There is no available evidence indicating he was awarded the Purple Heart at the time, nor are there any medical records available that confirm his statement and the statements of his comrades. 3. The criteria for award of the Purple Heart require substantiating evidence verifying that 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019530 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019530 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2