ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 29 October 2020 
DOCKET NUMBER: AR20200002289

APPLICANT REQUESTS: to be awarded the Purple Heart Medal.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Self Authored letter
*	Standard Form 600 (Chronological Record of Medical Care)
   *	DA Form 8-274 (Medical Condition Physical Profile Record) 
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.	The applicant states:

  a.	On 21 March 1969, while leading his platoon on a search and destroy 
patrol out of a NDP (Night Defensive Position), his platoon heard a noise in the
underbrush, so he directed his machine gunner to fire in the direction of the sound. A 
bleeding wild boar came out of the underbrush and expired. His platoon continued 
forward and were subsequently hit with small arms fire. They were unaware at the time, 
but they were on the edge of an estimated enemy battalion base camp. Killing the boar 
gave away their position and therefore required that they returned fire while seeking 
cover within a bomb crater while they called for artillery support. He was instructed to 
remain in place for reinforcements.

   b.	With taking small arms fire from the north of their position, they heard the artillery 
rounds strike to their rear. He assumed that a rock had been thrown to obtain his 
attention until a medic tore open the back of his shirt and started dressing a wound.
The first rounds fell behind them and he was hit in the back with shrapnel. He 
mentioned a Purple Heart, but the battle had just been initiated, and they were unable to 
leave the bomb crater for 3 days while battalion support was established. They



remained in contact for those days directing artillery and air support, so the subject did 
not come up again. His dressing was changed a couple of times while they returned fire 
and waited, but when they returned to the NDP, they received orders to go back out the 
next day on an ambush, so the award was never written up.

   c.	On 14 April 1969 his platoon departed the NDP on patrol. Late in the day they 
established a circular ambush where two trails crossed. Most of the platoon was dug in 
except for two other Soldiers who were walking across the middle of the ambush site 
when one of them called to him. He stood and turned to tell them to dig in when they 
triggered a mine to deploy. They were killed instantly in a massive blast that was so 
powerful it lifted him off the ground and threw him approximately 20 feet into the air. 
Before hitting the ground, he saw what remained of them about 50 feet in the air. When 
he landed he was rendered unconscious momentarily. When he retained his 
consciousness he was unable to hear anything. He also suffered from a headache, 
nausea and dizziness.

   d.	The remains of casualties sustained were sent out by air. With a new platoon 
sergeant and hope that the symptoms might improve I stayed until resupply arrived the 
following day. He went directly to a field hospital as he was still dizzy, and suffered from 
a headache, persistent ringing in his ears. He was later instructed to take a day or two 
off prior to returning to the field despite his impaired hearing. He suffered from vertigo 
when the aircraft maneuvered prior to landing back with his platoon. His headache, 
hearing and dizziness were so bad that he returned to the field hospital a day later for 
care.  He attempted to return to the field at least twice more, but was back in the 
hospital on multiple times for follow-up care.

   e.	His Medical records reflect "no flying" as he was unable to clear his ears and his 
dizziness and headaches remained. Further, he was unable to make aerial assaults 
from helicopters, so he was reassigned to work with Rome Plow operations until a 
brigade operations position opened.

   f.	His provided medical records reflect that on 1 February 1970, one of his ears 
were bleeding while being cleaned and the flight back to the United States was painful 
for him as he was disoriented. As a result of the last injury 50 years ago, he now has 
chronic and persistent tinnitus, partial hearing loss, some dizziness and difficulty when 
flying, which he avoids when possible.

   g.	He contests that the wounds that he sustained occurred, but few Vietnam 
veterans talked about their combat experiences when returning to the United States and 
he was unaware of the ABCMR process until recently. The oversight by his medic for 
the first wound may have been an error. It was his first exposure to enemy fire and they 
spent 3 days under almost constant fire. They had a very short turnaround time prior to 
their next patrol. The second wound sustained has resulted in hearing loss and chronic 
tinnitus. He also suffers from sinus problems, occasional vertigo, and he is now
   


extremely limited in his ability or willingness to fly due to the pain that it causes to his 
ears.

   h.	He adds that the Purple Heart Medal appears to have been an oversight on the 
first instance, perhaps through an error by the medic. Failure to complete paperwork for 
the second wound is an injustice. It may have been caused by his rapid reassignment 
after 3 efforts to return to the field failed due to difficulties with his hearing and balance 
that were persistent. Both wounds were received in actual combat or within the combat 
zone and it would be an injustice to ignore the facts that would have resulted in this 
award over 50 years ago.

   i.	When he departed the service, the Army was downsizing rapidly. Public opinion of 
the war was at an all-time low, and they were instructed to not discuss their experiences 
off post.  Public treatment of returning Soldiers was unbelievably inflammatory as he 
had personal experience with that. The Department of Veterans Administration (VA) 
were denying any detrimental effects from exposure to Agent Orange and the country 
wanted to ignore the war and its veterans. The VA did not, as it continues to do today, 
advertise and encourage use of its services. It took 40 years before he sought VA 
treatment because he was unaware of its availability.

   j.	His medical records reflect treatment at the field hospital following the blast and 
continued difficulties. When he returned to the United States, a brigade commander 
discouraged the use of medical facilities by his officers, so documentation of care 
received is limited. During the separation process, the goal was to reduce the military 
by half so the process was brief, with warrant officers instructing large groups of 
personnel to write on the forms prior to signing them in order to expedite the process.

   k.	Treatment by the public in ensuing years was a national disgrace and only after 
the first Gulf War was there an almost embarrassed effort to recognize Vietnam 
veterans. He is 74 years old and has served his country proudly. He fought when he 
had to, and he hopes that this error/injustice can be rectified through the Board process. 
As such, he respectfully asks to be recognized for the wounds that he sustained in 
combat.  With his current 100 % disability rating he is not seeking compensation, just 
the Purple Heart medal that he should have been awarded over 50 years ago.

   l.	He has also indicated his availability to present his request before the Board in 
person however, this would result in a 10+ hour one-way drive as he does not fly. Cost 
for lodging and a trip of this length at his age would be an inconvenience.

3.	A review of the applicant’s available service records reflects the following:

a.	On 15 September 1965 he enlisted in the United States Army Reserve (USAR).

b.	On 21 July 1967 he obtained a Reserve commission as an Infantry officer.




c.	On 26 November 1967 he was ordered to active duty.

d.	On 25 November 1971 he was released from active duty.

   e.	His constructed DA Form 66 (Officer Qualification Record) indicates service in 
Vietnam from 10 February 1969 through 9 February 1970. His authorized awards and 
decorations consist of the following:

*	National Defense Service Medal (NDSM)
*	Vietnam Service Medal (VSM)
*	Republic of Vietnam Campaign Medal with “60 device” (RVNCM)
*	Combat Infantry Badge (CIB)
*	Bronze Star Medal (BSM) with 2 oak leaf clusters (2 OLC)
*	Overseas Service bar (2nd award)

f.	He participated in the following campaigns:

*	Republic of Vietnam Counter Offensive
*	Tet Offensive
*	Vietnam Summer/Fall Offensive
*	Vietnam Winter/Spring Offensive

   g.	Nothing in several typical sources shows he was injured or wounded as a result 
of hostile action or that he was awarded the Purple Heart:

*	his medical records, which would have listed any injuries and treatment of 
such injuries, are not available for review with this case
*	his name is not shown on the Vietnam casualty listing (this is a listing of 
Vietnam era casualties commonly used to verify entitlement to award of the 
Purple Heart)
*	a review of the Awards and Decorations Computer Assisted Retrieval System 
maintained by 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 for the Purple Heart pertaining to him

4.	The applicant provides the following:

   a.	Standard Form 600 (Chronological Record of Medical Care) reflective of care 
received from exposure to a loud explosion resulting in impaired hearing, vertigo, 
dizziness and tinnitus.
   


   b.	DA Form 8-274 (Medical Condition Physical Profile Record) reflective of him 
being placed on “no flying duty” for 30 days due to his inability to clear his ears.

5.	See applicable regulatory guidance below under REFERENCES.

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 meet the regulatory standard for the Purple Heart and 
thus recommended denying the request.

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:

1.	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.

2.	The Board did note, however, the administrative notes below from the analyst of 
record and recommended those changes be completed to more accurately reflect the 
military service of the applicant.


 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.

ADMINISTRATIVE NOTE(S):

1.	Reference the enclosed request for correction of military records, correct the 
applicant's DD Form 214 by:

a.	Deleting Vietnam Service Medal

b.	Adding the following awards:

*	Vietnam Service Medal with four Bronze Service stars
*	RVN Gallantry Cross w/ Palm Device

2.	The following documents are sufficient to justify correction of the DD Form 214 
without action by the Board due to his service in the 1st Battalion 26th Infantry Division 
and the Headquarters and Headquarters Company (HHC) 1st Brigade 1st Infantry 
Division:

*	DD Form 214
*	DA Form 66
*	DA Pam 672-3 paragraph 6c
*	Army Regulation 600-8-22 (Military Awards)



3.	Correct the applicant’s DD Form 214 to add the awards shown in paragraph 1 
above. Provide the applicant with a copy of the corrections and the medals and 
citations, as applicable. Please record the corrections in the applicant’s official military 
personnel record.

REFERENCES:

1.	Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within 3 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 3-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) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards. The Purple 
Heart (PH) 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. Treatment of the wound will be documented in the member’s medical and/or 
health record. Award may be made for a wound treated by a medical professional other 
than a medical officer provided a medical officer includes a statement in the member’s 
medical record that the severity of the wound was such that it would have required 
treatment by a medical officer if one had been available to provide treatment. When 
contemplating eligibility for the Purple Heart, the two critical factors commanders must 
consider is the degree to which the enemy or hostile force caused the wound, and was 
the wound so severe that it required treatment by a medical officer.

   a.	Some examples of enemy-related actions which justify eligibility for the PH are as 
follows:

*	Injury caused by enemy bullet, shrapnel, or other projectile created by enemy 
action
*	Injury caused by enemy emplaced trap, mine or other improvised explosive 
device
*	Injury caused by chemical, biological, or nuclear agent released by the enemy
*	Injury caused by vehicle or aircraft accident resulting from enemy fire
*	Smoke inhalation injuries from enemy actions that result in burns to the 
respiratory tract
*	Concussions (and/or mild traumatic brain injury) caused as a result of enemy- 
generated explosions that result in either loss of consciousness or restriction 
from full duty due to persistent signs, symptoms, or clinical finding, or 
impaired brain function for a period greater than 48 hours from the time of the 
concussive incident




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