ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 July 2021 DOCKET NUMBER: AR20210005951 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1380 (U.S. Field Medical Card), dated 6 December 1969 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 14 May 1971 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 that he was injured by shrapnel in a mortar attack in Vietnam. 3. The applicant's service record shows: a. On 30 January 1969, the applicant enlisted in the Regular Army. b. He served in Vietnam during the period of 30 June 1969 to 29 June 1970 and he participated in three campaigns while assigned to: (1) D Company D, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division. (2) E Company, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division. c. DA Form 20 (Enlisted Qualification Record) shows in: (1) Item 40 (Wounds) void of an entry. (2) Item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with 1960 Device * two overseas service bars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Commendation Medal * Air Medal * Marksman Marksmanship Qualification Badge with Rifle Bar 4. The applicant's available records are void of orders awarding him the Purple Heart. 5. A search of the Vietnam Casualty Roster failed to reveal the applicant was injured in Vietnam during the period of 30 June 1969 to 29 June 1970. Likewise, a review of the Awards and Decorations Computers-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resource Command, failed to reveal orders for award of the Purple Heart pertaining to the applicant. 6. The applicant provides: a. DA Form 1380, dated 6 December 1969, showing the applicant was treated at the 1st Battalion, 35th Infantry Regiment Aid Station for shrapnel to the left knee. He was injured on 5 December 1969 at 1300 by enemy action. b. DD Form 214, ending on 14 May 1971, showing the applicant was honorably released from active duty. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Commendation Medal * two overseas service bars * Air Medal * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) ? BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the limited information on the applicant’s DA Form 1380, dated 6 December 1969, concerning the severity of the injury and the regulatory guidance in AR 600-8-22 (Military Awards) stating the Purple Heart 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. Because such evidence was not present, the Board recommended denying the applicant’s requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XX 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 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. To qualify for award of the Purple Heart the wound must have been of such severity that it required treatment, not merely examination, by a medical officer. A wound is defined as an injury to any part of the body from an outside force or agent. A physical lesion is not required. 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. A medical professional is defined as a civilian physician or a physician extender. Physician extenders include nurse practitioners, physician assistants, and other medical professionals qualified to provide independent treatment (to include Special Forces medics). Medics (such as combat medics) are not physician extenders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005951 3 1