ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  29 July 2019

	DOCKET NUMBER:  AR20190006867


APPLICANT REQUESTS:  reconsideration of his earlier request for the award of the 
Purple Heart (PH).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), dated 13 May 2019
*	Standard Form (SF) 93 (Report of Medical History), dated 13 February 1979
*	memorandum, 861st Engineer Company, Combat Support Equipment (CSE), 
Rhode Island National Guard, dated 25 May 2000, subject:  Request for 
Assistance from Soldiers and Airmen Emergency Relief Program

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 AR2003093117 on 29 January 2004.

2.  The applicant provided new documentary evidence and new arguments that were 
not previously considered by the Board that warrant consideration at this time.

3.  The applicant states:

	a.  He was in Hospital in Vietnam with second degree burns, a broken nose, severe 
head, and hand and arm injuries as a result of being thrown from the cab while driving 
over a land mine.

	b.  He is suffering from post-traumatic stress disorder, tinnitus, diabetes mellitus, and 
sleep apnea.

	c.  It took him a long time to receive his discharge papers and his medical records 
could not be found to document his case.

4.  On 30 October 1969, the applicant was inducted into the Army of the United States.

5.  He served in Vietnam from 10 June 1970 to 8 July 1971.

6.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 40 (Wounds) – no entries.

	b.  item 41 (Awards and Decorations) – he was awarded or authorized:

*	National Defense Service Medal
*	Vietnam Service Medal
*	one overseas bar
*	Republic of Vietnam Campaign Medal with Device (1960)

7.  On 8 July 1971, he was honorably released from active duty.  His DD Form 214 
(Armed Forces of the United States Report of Transfer or Discharge) shows in item 24 
(Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons 
Awarded or Authorized) award of the:

*	National Defense Service Medal
*	Vietnam Service Medal
*	one overseas bar
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  His records are void of orders awarding him the PH.

9.  His name is not shown on the Department of the Army Office of the Adjutant General 
Casualty Division Casualty Reference Name Listing for the period 1 January 1961 
through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, 
wounded, sick, captured, or missing during their service in Vietnam.

10.  He provided a copy of his SF 93, dated 13 February 1979, that shows in item 19 
(Have you ever been a patient in any type of hospital?), he indicated "yes" and 
annotated, "Shrapnel in left wrist (Vietnam) 1970."

11.  On 29 January 2004 and in ABCMR Docket Number AR2003093117, the ABCMR 
denied his application for award of the PH.  The Board found there was no evidence of 
record showing that he was wounded or treated for wounds as a result of hostile action 
in Vietnam.

12.  His records contain a DD Form 215 (Correction of DD Form 214), dated 12 October 
2004, correcting his DD Form 214, dated 8 July 1971 by deleting the Vietnam Service 
Medal and adding: Vietnam Service Medal with two bronze service stars, Republic of 
Vietnam Gallantry Cross with Palm Unit Citation, and the Army Good Conduct Medal.


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service to include service in Vietnam, the statement on his SF 93, and the absence of 
evidence in support of him being wounded on his DA Form 20 and Department of the 
Army Office of the Adjutant General Casualty Division Casualty Reference Name 
Listing.  Based on a preponderance of evidence, the Board determined there was 
insufficient evidence to find that the applicant was wounded or treated for wounds as a 
result of hostile action in Vietnam

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.



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 the decision of the ABCMR set forth in Docket 
Number AR2003093117 on 29 January 2004.

 


	  
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.


ADMINISTRATIVE NOTE(S):  not applicable.




REFERENCES:

Army Regulation 672-5-1 (Awards), in effect at the time, provided that the PH 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 
records of medical treatment for wounds or injuries received in action must have been 
made a matter of official record.  For the purpose of considering an award of this 
decoration, a "wound" is defined as an injury to any part of the body from an outside 
force or agent sustained under enemy, opposing armed force, or hostile foreign action.  
A physical lesion is not required, provided the concussion or other form of injury is 
directly due to enemy, opposing armed force, or hostile foreign action.


ABCMR Record of Proceedings (cont)	 AR20190006867

5

1