IN THE CASE OF: BOARD DATE: 28 January 2016 DOCKET NUMBER: AR20150005967 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 previous request for award of the Purple Heart. 2. The applicant states: a. He was notified that his initial request was denied due to following two reasons: * he did not have the proper paperwork in order for the Board to reach a proper decision * neither an officer nor a noncommissioned officer (NCO) recommended him for this award b. As for the proper paperwork, he is enclosing medical reports proving he was involved in a Vietcong blockade and/or ambush which resulted in the truck in back of him ramming into him, thus forcing his head and upper body torso to be slammed into the steering wheel and column. He lost several teeth in his upper tooth section and a strafing of several teeth along his lower section. He has experienced severe headache pain and he is presently being treated for this condition. c. He is also providing additional information as supplied by the Erie Veterans Affairs Medical Center (VAMC) concerning some recent rulings and qualifications for the Purple Heart. Apparently the VAMC feels that something was possibly overlooked. If he understands these rulings correctly, any wound initiated by the enemy that causes an injury – either directly or indirectly, qualified that individual to be considered for this prestigious medal. d. The second criteria of consideration and possible rejection was that neither an officer nor an NCO recommended him for this award. He wishes he still had a copy of that letter/recommendation. Maybe the case analyst felt it never happened. When the 630th Transportation Company was ordered to active duty (1968), he is sure that the Department of the Army went through a "learning curve." At the time most Reserve outfits were seldom, if ever, ordered to active duty for wars or police actions. As a result, these outfits became a haven for a large number of derelicts who joined for supplemental income and employment. Many of them were minimum wage earners, unemployed, or part-time gas station jockeys. Activation, for a good many of them, was the first full-time job that they'd had in years. Hence, these were their officers and NCOs in which to go into combat with. e. When they arrived in Vietnam it soon became evident that the officers and NCOs did not want to leave the safety of the compounds. Personnel in the ranks of E-5 and below were doing the majority of the work. The officers and NCOs had excuses for not wanting to go out – they had important duties there at the compound. If the war was still going on they'd still be hovering under their bunks. Favoritism and nepotism were also rapid. He can remember one stint where he drove on runs for 119 days out of 120 days. f. The troopers that did not have a relative or a friend as an officer or an NCO had to do the runs while the "elite" friends and relatives stayed home. His files will show that he was "missing in action" for 23 days. He later learned that while this was going on, they were filling out reports as if he was still there in the unit and making roll call every day. In short, since he didn't have the luxury of being someone's relative or pet, someone had to do the work and he guesses that he was one of those few. g. He wouldn't want his children or grandchildren to think that he didn't do his duty or that he was a "slacker." Hopefully, the material he is providing might be useful in the reconsideration of his appeal. 3. The applicant provides copies of the following: * three VA Progress Notes * letter from the Army Review Boards Agency (ARBA) * VA Rating Decision (pages 1, 3, and 5) * two articles titled: * "Wounded in Action" – the Curious History of Combat Injuries Qualifying for the Purple Heart * "'Land Technology passed By' Hopes Digital Fix Aids Veterans" * Purple Heart certificate belonging to another individual 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 ABCMR in Docket Number AR20130002867 on 15 October 2013. 2. The applicant's request for reconsideration is beyond the Board's one-year time limit; however, as an exception to policy, his new argument and submission of copies of his VA Progress Notes, VA Rating, and articles pertaining to award of the Purple Heart will be considered by the Board. 3. The applicant enlisted in the Pennsylvania Army National Guard (PAARNG) on 7 January 1964 and he held military occupational specialty 766.00 (Transportation Parts Supply Specialist). 4. He entered on active duty for training (ACDUTRA) on 15 April 1964. He was released from ACDUTRA on 25 August 1964 and was returned to State control of the PAARNG. 5. He was released from the PAARNG on 5 April 1966 and was transferred to the U.S. Army Reserve (USAR). 6. He was ordered to and entered active duty on 13 May 1968, for 24 months. He served in Vietnam from 13 September 1968 through 22 June 1969, during two campaigns. He was assigned to the: * 630th Transportation Company from 15 September 1968 through 9 June 1969 * 363rd Transportation Company from 10 through 20 June 1969 7. He was honorably released from active duty on 28 June 1969 and he was transferred to the USAR. His DD Form 214 lists the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * two overseas service bars 8. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 40 (Wounds) – no entry to show he was wounded in action while serving in Vietnam * Item 41 (Awards and Decorations) – all the awards listed on his DD Form 214 and one overseas service bar 9. He provided copies of three VA Progress Notes showing on: a. 23  August 2010 – he underwent a dental examination. b. 28 February 2013 – he stated in a questionnaire as part of his VA claim the following: (1) He was an Army veteran, serving from 1963 through 1969, with active duty in Vietnam. (2) In 1969, while in Vietnam, he was driving a tractor trailer type of vehicle and had to stop suddenly for an enemy road block, causing the same type of vehicle to strike his vehicle from behind. He did not have on a seat belt and struck his face into the steering column/wheel losing several teeth. He was dazed at the time of the incident and with possibly some loss of memory for at least a couple of seconds. He had noted dizziness, nausea, and headaches since several days after the time of the accident. (3) In another combat-related incident, his convoy was ambushed and another truck behind him rammed into the truck he was driving. He injured his head and lost his front teeth. Since then he had been experiencing severe headaches which occurred at the frequency of 2-3 times per week and were currently becoming worse. c. 10 September 2014 – he stated the following: (1) He was on active duty around December 1968 in Phu Bai, Vietnam. He was a truck driver doing deliveries on a supply convoy when the convoy came under attack from the Vietcong. He hit the brakes to avoid hitting the truck stopping in front of him. The truck behind him didn't brake fast enough and rear-ended him, causing his face to hit the steering wheel. His front tooth was knocked out and brokened. (2) A few days later he was able to get to the dentist. His jaw was not broken and he continued to work in the meantime (it was a war zone). Eventually a dentist extracted the remainder of his broken tooth and made him a removable bridge. (3) He had already been determined to be dentally service-connected for traumatic loss of his upper front tooth. 10. He also provided copies of the following: a. A Purple Heart certificate, dated 3 May 1945, issued to another individual for wounds received in action resulting in his death on 3 January 1945. b. A VA Rating Decision (pages 1, 3, and 5), dated 29 September 2014, in which his service-connected disability ratings were increased to 50 percent (%) for post-traumatic stress disorder and to 30% for headaches effective 8 August 2013. He was currently evaluated at 10% for traumatic brain injury. c. An article titled, "Wounded in Action" – the Curious History of Combat Injuries Qualifying for the Purple Heart which stated the original regulatory criteria for award of the Purple Heart specified for a wound to merit a Purple Heart it must have been "received in action with an enemy of the United States" or "as a result of an act of such enemy," and it must have "necessitate[d]" treatment by a medical officer. The applicant highlighted the following: (1) First, it is clear that from the 1930s until today, a wide variety of injuries have qualified for the Purple Heart ranging from ordinary wounds caused by bullets and shrapnel to less traditional injuries resulting from smoke inhalation, freezing temperatures, and hot weather. (2) Second, we can now see that the words "in action" do not require actual or direct contact with the enemy in combat – but have evolved to include wounds received in friendly fire incidents and while held a prisoner of war. d. An article titled, "'Land Technology passed By' Hopes Digital Fix Aids Veterans" pertaining to the VA in Salt Lake City attempting to clear a backlog of claims with a digital fix. 11. His name is not listed on the Vietnam casualty roster. 12. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 13. Army Regulation 600-8-22 (Military Award) states the: a. Purple Heart is awarded for a wound sustained as a result of enemy 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. b. When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. c. Examples of enemy-related injuries which clearly justify award of the Purple Heart include an injury caused by vehicle or aircraft accident resulting from enemy fire. d. An example of injuries or wounds which clearly do not justify award of the Purple Heart are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. DISCUSSION AND CONCLUSIONS: 1. The VA medical documentation he provided with his current application shows he stated to the VA that while serving in Vietnam he was driving a tractor trailer type of vehicle and he had to stop suddenly for an enemy road block, causing the same type of vehicle to strike his vehicle from behind. His face struck the steering column/wheel causing him to lose several teeth. He received medical treatment and noted dizziness, nausea, and headaches since several days after the time of the accident. The documents do not confirm the medical conditions for which he has received VA service-connected disability ratings were as a result of enemy action. 2. His service medical records are not available for review. Item 40 of his DA Form 20 does not show he was wounded in action in Vietnam. Item 41 of this form does not list the Purple Heart. Additionally, his name is not on the Vietnam casualty roster and a review of ADCARS did not reveal any orders awarding him the Purple Heart. 3. By previous and current governing regulations, to be awarded the Purple Heart it is necessary to established that a Soldier was wounded or injured as a result of hostile action. There must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record. 4. Notwithstanding his contentions and his sincerity, in the absence of sufficient evidence confirming he sustained a wound/injury as a result of enemy action for award of the Purple Heart during his period of service in Vietnam; there is insufficient evidence to support his entitlement to award of a Purple Heart. 5. In making this determination, the applicant and all others concerned should know that this nation in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number Docket Number AR20130002867, dated 15 October 2013. _______ _ _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. ABCMR Record of Proceedings (cont) AR20150005967 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005967 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1