ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  8 May 2019
DOCKET NUMBER: AR20170005275


APPLICANT REQUESTS: Reconsideration of his previous request for the Purple Heart (PH).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

FACTS:

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 AR20090008503 on 24 September 2009.

2. The applicant provided new statements which merit consideration by the Board.

3. He states he was shot in Vietnam and his military records show this fact. His PH is not shown on his DD Form 214 and he is requesting it be added. He requests a review his military medical records as they show he was shot in Vietnam.

4. He was inducted into the Army of the United States on 12 July 1966 and served in Vietnam from 14 July 1967 through 4 July 1968.

5. His military records contain no medical records showing he was wounded by enemy action in Vietnam.

6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows no entry.

7. There are no orders contained in his records showing he was ever awarded the PH.

8. On 5 July 1968, he was released from active duty and transferred to U.S. Army Reserve Control Group (Annual Training).  Item 24 (Decorations, Medals, Badges,
1. 

Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 do not show he was awarded the PH.

9. A review of the Vietnam Casualty Roster does not show he was wounded in action against enemy forces while he was in Vietnam.

10. His service medical records are not available for review.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that 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.

BOARD DISCUSSION:

Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the request.

BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
:
:
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
X
X
X
DENY APPLICATION


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.

5/13/2019
X 

CHAIRPERSON
Signed by: 
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.


REFERENCES:

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that 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.

//NOTHING FOLLOWS//