IN THE CASE OF: BOARD DATE: 27 October 2016 DOCKET NUMBER: AR20160015132 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 October 2016 DOCKET NUMBER: AR20160015132 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 AR20060000830, on 22 August 2006. ___________x_____________ CHAIRPERSON 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. IN THE CASE OF: BOARD DATE: 27 October 2016 DOCKET NUMBER: AR20160015132 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of his earlier request for award of the Purple Heart. 2. The applicant states, in effect, he sustained a shrapnel wound to his right wrist during a mortar attack in June 1970, while serving in Vietnam. He and another Soldier were wounded during a mortar attack on their unit, the 23rd Artillery Group, during the Cambodia excursion in May and June 1970. They were both treated by the battery medical corpsmen (medics), and were returned to duty. He also states that the other Soldier wounded received the Purple Heart but he did not. 3. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Statement from a retired Army major (MAJ) * Statement from his wife * Statement from a former unit member (previously submitted) CONSIDERATION OF EVIDENCE: 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 AR20060000830, on 22 August 2006. 2. The applicant enlisted in the Regular Army for a 2-year term on 21 November 1968 and he held military occupational specialty 13A (Field Artillery Basic). 3. He served in Vietnam from 30 April 1969 to 24 June 1970. He was assigned to Battery B, 5th Battalion, 42nd Artillery Regiment. 4. He was honorably released from active duty on 25 June 1970. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal * Good Conduct Medal 5. On 22 August 2006, the Board considered his request for award of the Purple Heart but found insufficient evidence that confirmed he was wounded or injured as a result of hostile action. The Board did, however, determine he was eligible for other awards. 6. On 2 May 2007, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * 2 overseas service bars * Marksman Marksmanship Qualification Badge with Rifle and Auto Rifle Bars * 4 bronze service stars to be affixed to his already-awarded Vietnam Service Medal 7. There is no evidence of record in several typical sources that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: a. Item 40 (Wounds) of his multiple DA Forms 20 (Enlisted Qualification Record) does not show a combat wound or injury and item 41 (Awards and Decorations) of these forms does not list the Purple Heart as an authorized award. b. His name is not shown on the Vietnam casualty roster, a compilation of most of those who were wounded in Vietnam, that is used to verify eligibility for the Purple Heart. c. His records do not contain an official Army notification or a Western Union telegram notifying his next of kin of an injury. This was a normal notification procedure during the Vietnam War. d. His available service medical records do not show a combat injury or treatment. His service record contains a Standard Form 88 (Report of Medical Examination), dated 24 June 1970, which was completed on the applicant during his separation processing. This document is void of any indication that he had been wounded in action, or treated for a combat related wound or injury while serving on active duty. 8. He provides: a. Statement, dated 31 October 2013, from a retired major who identifies himself as his former commanding officer with B Battery, 5th Battalion, 42nd Infantry. He states that at one of their firebases, near Cambodia, they came under heavy mortar attack. The applicant was hit in his wrist with shrapnel. The unit medics removed the shrapnel and started the paperwork for the Purple Heart. The applicant told the medic not to bother with it because the battery was too busy. At two of their fire support bases in May and June 1970, they were sprayed daily with Agent Orange. Because of the shortage of bunker material, they cut local trees for timber and filled sand bags with earth that had been contaminated with Agent Orange. Of the former members of his command who are still alive, several have type II diabetes, a few have ischemic heart disease, and a few have soft tissue sarcomas. He has had twelve Agent Orange related tumor surgeries. b. Statement (previously considered), dated 19 November 2005, from a Soldier who served with him in Vietnam. He stated that their unit, which was stationed on the Cambodian border, came under a mortar and small firearms attack by enemy forces. A mortar landed in their perimeter resulting in him receiving a shrapnel wound to his leg, and the applicant receiving a shrapnel wound to his wrist. He claims their wounds were not very serious and after being treated by the medics, they were back in action the next morning. He further states that he received the Purple Heart for his wound; however, for some reason, the applicant did not. c. Statement, dated 25 September 2013, from his wife who states that they were married in 1968 after he returned from basic training. During his service in Vietnam, she received letters every few days, if not every day. In one of his letters, the applicant stated that their base had received fire and he was hit in the arm but he said he was fine and he was anxious to get home. He did not focus on the getting the Purple Heart despite being offered to him. He was young, scared, and not thinking about the Purple Heart. He deserves this medal as well as others who have received it and she hopes it would now be offered to him. REFERENCES 1. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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. a. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. DISCUSSION: 1. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record. 2. In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 does not show he was wounded in action, his medical records are not available for review with this case, and his service record is void of orders that show he was awarded the Purple Heart. His record is also void of any official Army correspondence or Western Union telegrams and there is no conclusive evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds. He has provided statements in support of his claim, which provide reasonably detailed accounts of the incident in which he was wounded, albeit many years after the fact. 3. 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. The ABCMR will decide cases on the evidence of record; it is not an investigative body. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015132 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015132 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2