ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20190010629 APPLICANT REQUESTS: a. Correction of his record to show: * service in Vietnam * promotion to the rank/grade pf private (PV2)/E-2 * award of the Purple Heart b. A personal hearing before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Board of Veterans’ Appeals Docket Number 09-11-029A, dated 17 November 2017 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 AR20120016913 on 4 April 2013. 2. The applicant states, he was In Vietnam and received a Purple Heart. Veteran’s board appeal remand, dated 17 November 2017, affirms his contentions of Vietnam service and receipt of a Purple Heart. 3. A review of the applicant’s official records show the following on: * 2 April 1970 – the applicant enlisted in the Regular Army * DA Form 20 (Enlisted Qualification Record) shows the following in item number: * 31 (Foreign Service) void of an entry for service in Vietnam * 33 (Appointments and Reductions) private (PVT)/E-1 permanent, 2 April 1970 * 40 (Wounds) void of an entry for a combat wound or injury * 41 (Awards and Decorations) National Defense Service Medal, void of any entries for the Purple Heart 4. 17 November 1970 – the applicant was discharged from active with a general, under honorable conditions characterization of service by reason of unsuitability- personality disorder: * item 4a (Grade, Rate or Rank) shows PVT/E-1 * item 12f (Foreign Service) shows 00 years, 00 months, and 00 days * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar 5. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding the applicant the Purple Heart. Furthermore, his name is not contained on the Vietnam casualty roster and his medical records are not available for review with this case. 6. The applicant’s records are void of any documents promoting the applicant to the rank of PV2. 7. On 18 December 1978, the applicant petitioned the Board to correct his rank from PVT to PV2. On 21 March 1979, the Board denied his request for promotion to PV2. 8. On 12 June 1980, the applicant petitioned the Army Discharge Review Board (ADRB) for an upgrade of his general, under honorable conditions discharge. On 5 January 1983, the ADRB granted an upgrade of his general, under honorable conditions discharge to an honorable conditions discharge. 9. On 27 August 2012, the applicant petitioned the Board to be awarded the Republic of Vietnam Campaign Ribbon and the Purple Heart. On 4 April 2013, the Board denied his request. 10. The applicant provides a Board of Veterans’ appeal wherein he petitions various service conditions in which the author vaguely discussed Vietnam on page 30 (applicant and third party statements). 11. Army Regulation (AR) 635-5 (Separation Documents) in effect at the time prescribes the separation documents that will be furnished each individual who is separated from the Army. Source documents will consist of all available records to include DA Form 20 and orders. * item 4a; enter the rank in which serving at the time * item 12f; enter the total amount of foreign service * item 13; list all authorized awards and decorations 12. AR 600-200 (Enlisted Personnel Management System) in effect at the time states company, troop, battery and separate detachment commanders may promote assigned personnel to pay grades E-4 and below. 13. 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 medical personnel, and the medical treatment must have been made a matter of official record. 14. AR 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 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, his record of promotion, assignments, and foreign service and the reason for his separation on his DA Form 20, and his updated DD Form 214. The Board found no evidence of service in Vietnam or any record of wounds, and the applicant provided none. Based on a preponderance of evidence, the Board determined that the entries for rank, foreign service and awards on the applicant’s DD Form 214 were not in error or unjust. 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 AR20120016913 on 4 April 2013. 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. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that will be furnished each individual who is separated from the Army. Source documents will consist of all available records to include DA Form 20 and orders. * item 4a; enter the rank in which serving at the time * item 12f; enter the total amount of foreign service * item 13; list all authorized awards and decorations 2. AR 600-200 (Enlisted Personnel Management System) in effect at the time states company, troop, battery and separate detachment commanders may promote assigned personnel to pay grades E-4 and below. 3. 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 medical personnel, and the medical treatment must have been made a matter of official record. 4. AR 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 may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. NOTHING FOLLOWS