ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
	BOARD DATE:    11 April 2019

	DOCKET NUMBER:  AR20180013877


APPLICANT REQUESTS:  the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS 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 AC87-06594A on 5 February 1992.

2.  The applicant submitted new arguments that warrant consideration by the Board.  

3.  The applicant states:

* he was reassigned to Battery A within his unit in Vietnam in 1969 and was hurt the same day (the 27th day of an unspecified month in 1969)
* he was injured by mortar rounds
* he was transferred to a hospital
* his lower legs and feet were badly burned
* he was supposed to have received the Purple Heart in 1969

4.  After completing prior service in the Army National Guard, the applicant was transferred to the U.S. Army Reserve on 6 January 1967 to complete his military service obligation.  On 18 March 1968, he was ordered to active duty.

5.  His DA Form 20 (Enlisted Qualification Record) shows the following data:

* item 31 (Foreign Service) - he served in Vietnam from 14 September 1968 to 28 April 1969
* Item 38 (Record of Assignments) - he was evacuated for medical treatment in March 1969 at the 106th General Hospital and reassigned to the U.S. Army Hospital at Fort Devens, MA on 28 April 1969 for further medical treatment
* item 40 (Wounds) - no entry indicating he was wounded in action
* item 41 (Awards and Decorations) - no entry for the Purple Heart

6.  His service record does not contain orders awarding him the Purple Heart.  The Vietnam casualty roster does show he was wounded in action.  

7.  On 17 June 1969, he was released from active duty and transferred to the U.S. Army Control Group (Standby).  His DD Form 214 with an effective date of 17 June 1969 does not show the Purple Heart.  

8.  Orders published on 22 August 1969 discharged him from the U.S. Army Reserve Control Group (Standby) on 22 August 1969 at his expiration of term of service.  

9.  His service record contains a Standard Form 519-A (Radiographic Report) that indicates he sustained burns to his feet and a shell fragment wound to his left knee and had lower back pain.  

10.  A Department of Veterans Affairs (VA) Rating Decision, dated 27 May 1970 shows he was granted service-connection for the following conditions:  anxiety reaction-10%; scars of feet, residual of burns-0%; lumbosacral strain-0%; and scar, left knee-0%.

11.  On 5 February 1992, the ABCMR denied his request for the Purple Heart.  

12.  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, failed to reveal orders awarding the applicant the Purple Heart.  

13.  By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded as a result of enemy action, the wound required treatment by medical personnel, and the 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 show that the medical documents included within the application were as a result of hostile action.  For that reason, the Board recommended denying the applicant’s request for relief.


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 to amend decision of the ABCMR set forth in Docket Number AC87-06594A, dated 5 February 1992.
	 
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.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states 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 medical personnel, and the medical treatment must have been made a matter of official record.

3.  Army Regulation 600-8-22 also states that when contemplating an award of the Purple Heart the key issue commanders must take into consideration is the degree to which the enemy caused the injury.  

ABCMR Record of Proceedings (cont)	 AR20180013877
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