ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 October 2019

	DOCKET NUMBER:  AR20190011349


APPLICANT REQUESTS:  Reconsideration of his previous request for award of the 
Purple Heart.  

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)
*	two DD Forms 215 (Correction to DD Form 214)
*	third-party notarized witness statement, dated 10 December 1993
*	Standard Form (SF) 502 (Narrative Summary (Clinical Resume)), dated              
3 December 1982, prepared by the Department of Veterans Affairs (VA), 
Harrisburg, PA
*	six morning reports (mostly illegible)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  Incorporated herein by reference are military records which were summarized in 
the previous consideration of the applicant's case by the ABCMR in Docket Number 
AC96-06771 on 12 June 1996.

3.  The applicant provided six morning reports that were not previously reviewed by 
the Board.  These documents are considered new evidence which warrant 
consideration by the Board.  

4.  The applicant states:

	a.  He was wounded by shrapnel but was not awarded the Purple Heart.

	b.  In 1993, he asked to be awarded the Purple Heart for wounds received in 
Vietnam.  He served with B Company, 1st Battalion, 502nd Infantry, 101st Airborne 
Division.

	c.  The proof he sent was a letter from , an evaluation from the VA, and after 
action reports.  The after action reports show the "AO" was quiet, so he was denied 
the Purple Heart.  The after action reports show that very little happened in June and 
July 1969, so he sent the morning reports which tell a different story for June and 
July 1969.  

	d.  thought that he was wounded on 23 June and he thought that it was on 28 
June, but it was on 9 July 1969.  He knows the morning reports are hard to read but 
the reports show that on 9 July, they lost almost half of their company; he was 
treated in the field by a medic.  

	e.  He was never sure of the dates the events happened, only what happened.  
He put the morning reports away in the 90's and did not look at them for years.  Most 
of his company was sent to the 312th Evacuation Hospital as shown on the morning 
reports.  Also was killed in action that day.

5.  The applicant enlisted in the Regular Army on 27 June 1968.  His DA Form 20 
(Enlisted Qualification Record) shows in:

*	item 31 (Foreign Service), he arrived in Vietnam on 25 May 1969
*	item 38 (Record of Service), he was assigned to B Company, 1st Battalion, 
502nd Infantry while in Vietnam 
*	item 38, he departed Vietnam on or around 16 April 1970
*	item 40 (Wounds), no entry indicating he sustained any wounds
*	item 41 (Awards and Decorations), no entry indicating he was awarded the 
Purple Heart

6.  There is no evidence in the applicant's available military records indicating he 
was treated for a combat-related injury.  

7.  The applicant was released from active duty on 22 April 1970.  His DD Form 214, 
as amended by two DD Forms 215, does not show he was awarded the Purple 
Heart.  

8.  The applicant's name is not listed on the Vietnam casualty roster.  

9.  The applicant provided:

	a.  A third-party notarized witness statement, dated 10 December 1993, 
provided by a fellow Soldier, stating he served with the applicant in B Company, 
502nd Infantry, and that the applicant received a shrapnel wound to his upper left 
arm in June 1969.  The statement was previously reviewed by the Board.
	b.  An SF502, dated 3 December 1982, prepared by the VA, Harrisburg, PA, 
referencing a shell fragment wound to the applicant's left upper arm which occurred 
in the battlefield.  This form was previously reviewed by the Board.

	c.  Six mostly illegible morning reports pertaining to the 1st Battalion, 502nd 
Infantry.  He states that these reports show B Company, 1st Battalion, 502nd 
Infantry lost almost half of its members on 9 July 1969.  

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 entries on his DA Form 20 (items 
40 and 41), the absence of his name on the Vietnam casualty roster and the entries 
on his DD Form 214.  The Board considered the statements and morning reports the 
applicant provided and the 1982 SF502 prepared by the VA referencing a wound.  
After careful review, the Board found insufficient evidence that the applicant 
sustained a wound as a result of enemy actions.  Based on a preponderance of 
evidence, the Board determined that the absence of award of a Purple Heart was 
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 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.  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 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.
NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20190011349

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