ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20170007638


APPLICANT REQUESTS:  reconsideration of his previous requests for award of the 
Purple Heart and promotion to specialist five (SP5)/E-5. 

APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)

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 AR20120004597 on 23 August 2012 and 
AR20150015519 on 16 February 2017.

2.  The applicant states, in effect:
 
     a.  he received an injury during a daytime attack in Phan Rang, Vietnam.  The injury 
was a non-life threatening laceration to his head which he received in the welding 
shop/tent.

     b.  he did not leave his post and questions why he wasn’t promoted. 

     c.  his record is incomplete due to the fire at the National Personnel Records Center 
in St. Louis, MO in 1973.

     d.  more is given to an illegal alien than to a Vietnam veteran.  Senator Blumenthal 
said he was in Vietnam for 2 tours and received the Purple Heart but he was never in 
the service. 

3.  The applicant was inducted into the Army of the United States on 26 January 1968. 

4.  His DA Form 20 (Enlisted Qualification Record) contains the following information:

*	item 31 (Foreign Service) shows he arrived in Vietnam on 5 January 1969
*	item 38 (Record of Assignments) shows he served in the Republic of Vietnam 
from 5 January 1969 through 3 January 1970, with Company A, 589th Engineer 
Battalion (Construction), as a welder
*	item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification 
Record) shows he was appointed to the temporary rank/grade of specialist four 
(SP4)/E-4 effective 21 October 1968
*	Item 40 (Wounds) does not contain an entry
*	item 41 (Awards and Decorations) does not show the Purple Heart

5.  Special Orders Number 4 issued by Headquarters, U.S. Army Personnel Center, 
Fort Lewis, WA, dated 4 January 1970, released the applicant from active duty in the 
rank/grade of SP4/E-4.

6.  The applicant was released from active duty as an overseas returnee on 4 January 
1970, in the temporary rank/grade of SP4/E-4.  The DD Form 214 he was issued does 
not show award of the Purple Heart.  
7.  A review of his records did not yield general orders awarding him the Purple Heart.  
Additionally:

     a.  His record does not contain a Western Union telegram, a document typically 
found in the military records of Soldiers who were wounded in Vietnam, which informed 
a Soldier’s family that he or she was wounded.

     b.  His name is not shown on the Vietnam casualty roster as having sustained an 
injury as a result of hostile action.
	
     c.  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 the U.S. Army Human Resources Command Military Awards Branch, 
failed to reveal Purple Heart orders for the applicant.

8.  His record does not contain orders promoting him to SP5/E-5 and there are no other 
source documents in his record showing he was recommended and selected for 
promotion to the rank/grade of specialist five/E-5.

9.  The Purple Heart is awarded to members of the Armed Forces of the United States 
who, while serving under the authority with any of the U.S. Armed Services, have been 
wounded, were killed, or who have died or may hereafter die of wounds received as a 
result of hostile enemy action.  The wound, injury, or death must have been the result of 
hostile enemy action; the wound or injury must have required treatment, not merely 
examination, by a medical officer or a medical professional; and treatment of the wound 
must be documented in the Service member's medical and/or health record.
10.  Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, 
prescribed policies, responsibilities, and procedures pertaining to career management 
of Army enlisted personnel.  Field grade commanders of any organization which was 
authorized a commander in the grade of lieutenant colonel or higher could promote 
assigned personnel to the pay grades E-5 and E-6.  General requirements for promotion 
to pay grade E-5 was 8 months in pay grade E-4 and 21 months' time in service.  
Promotion of enlisted personnel to grades E-3 through E-9, appointments, grade 
reductions, and grade restorations were announced in routine orders.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.

2.  The available records contain no documentation confirming the applicant's claim that 
he was wounded as a result of hostile action.  In the absence of any documentation 
confirming he received a wound as a result of hostile action that required treatment by a 
medical officer, the Board agreed that the available evidence is insufficient as a basis 
for awarding him the Purple Heart.

3.  The available records contain no evidence indicating he was recommended for or 
promoted to SP5.  The Board agreed that the available evidence does not support a 
recommendation to correct his record to show he held a higher grade.


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.

	  
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:

1.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8, states the Purple Heart 
is awarded to members of the Armed Forces of the United States who, while serving 
under the authority with any of the U.S. Armed Services, have been wounded, were 
killed, or who have died or may hereafter die of wounds received as a result of hostile 
enemy action.  The wound, injury, or death must have been the result of hostile enemy 
action; the wound or injury must have required treatment, not merely examination, by a 
medical officer or a medical professional; and treatment of the wound must be 
documented in the Service member's medical and/or health record.

2.  Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, 
prescribed policies, responsibilities, and procedures pertaining to career management 
of Army enlisted personnel.  Field grade commanders of any organization which was 
authorized a commander in the grade of lieutenant colonel or higher could promote 
assigned personnel to the pay grades E-5 and E-6.  General requirements for promotion 
to pay grade E-5 was 8 months in pay grade E-4 and 21 months time in service.  
Promotion of enlisted personnel to grades E-3 through E-9, appointments, grade 
reductions, and grade restorations were announced in routine orders.

3.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The ABCMR considers individual applications that are properly brought before it.  The 
ABCMR will decide cases on the evidence of record.  It is not an investigative body.  
The ABCMR begins its consideration of each case with the presumption of 
administrative regularity.  The applicant has the burden of proving an error or injustice 
by a preponderance of the evidence.
				//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170007638

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