IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150009073 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 served in Vietnam from July 1966 to August 1967, while assigned to the 1st Squadron, 11th Cavalry * he performed many missions and different duties despite being a mechanic; he went on patrol on foot and/or the personnel carrier * the record should show he was wounded in the left leg by shrapnel from a Viet Cong rocket during combat * he was treated in the field as they were shorthanded at the time; he stayed with his crew while those with worst injuries were evacuated * things were of a confused state at the time; he does not believe the medic wrote it down; they returned to base camp 2 weeks later and by then his wounds were healing * he was in combat; just because he was a mechanic, this did not excuse him from combat; a mechanic would go with a platoon of tracks when they went on search and destroy missions * he did not go on those missions all the time; but when he did go they would run into the enemy * the 11th Cavalry went out to engage the enemy and when they did, he was there and he was involved in the fight * he hopes this clears things up; he was in combat and he is entitled to the Purple Heart 3. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 1380 (U.S. Field Medical Record) (previously submitted) * Department of Veterans Affairs (VA) disability letter (previously submitted) * Statement from a former unit member (previously submitted) * VA rating decision (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 AR2003093678 on 6 April 2004. 2. The applicant provides a new argument which was not previously reviewed by the ABCMR. 3. The applicant enlisted in the Regular Army on 25 November 1964 and he held military occupational specialties (MOS) 63B (Wheeled Vehicle Mechanic) and 63C (Track Vehicle Mechanic). 4. He served in Vietnam from 20 August 1966 to on or about 26 August 1967. He was assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment (ACR). 5. He was honorably released from active duty on 29 August 1967. His DD Form 214 shows he completed 2 years, 9 months, and 5 days of active service. It also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Campaign Medal * Vietnam Service Medal 6. On 6 April 2004, the Board considered the applicant’s request for award of the Purple Heart and found that he did not meet the burden of proof necessary to support award of the Purple Heart in this case. The Board considered other awards and granted him partial relief. 7. On 21 February 2005, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added: * 2 bronze service stars to his Vietnam Service Medal * Expert Marksmanship Qualification badge with Rifle and Automatic Rifle Bars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 8. There is no evidence of record 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 DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury and item 41 (Awards and Decorations) of this form 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, and 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. d. His available service medical records do not reveal a combat injury or treatment. He provides: (1) DD Form 1380, dated 10 July 1967 that shows an individual with a similar name and service number held MOS 11D (Armor Crewman); he had completed 3 years and 2 months of service; he was riding in an M578 Armored Personnel Carrier (APC) that was hit by a rocket propelled grenade (RPG). The individual mentioned sustained multiple shrapnel wounds to the left leg. He was treated at the 1/11th ACR aid station; his wound was dressed and the individual was given morphine. The medical officer's signature block is not signed by anyone. (2) Letter, dated 17 February 1988, from the VA advising him that his claim for disability benefits could not be granted. His disability was service connected, but less than 10 percent disabling (scars) and compensation was not payable. (3) Statement from Mr. DKH who states he was a member of the same unit and that in July 1967, he and the applicant were on a combat mission near Saigon. They were assigned to the 11th Cavalry and working in their MOS as mechanics. They travelled in a light tank retriever with a troop of tanks and APCs. They also filled in as drivers, gunners, and loaders, when the troop was shorthanded. While waiting for their night staging area to be swept for mines, the M578 tank retriever they were operating was hit by Viet Cong RPG fire. He (the author) was wounded in the left leg and air lifted to a field hospital. The applicant was also wounded by the same rocket and he was treated by a medic and returned to duty. (4) VA rating decision, dated 10 August 1993, increasing his rating for post-traumatic stress disorder. 9. 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. 10. 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 AND CONCLUSIONS: 1. The applicant contends he should be awarded the Purple Heart. 2. The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record. 3. The DD Form 1380 that was provided is the only document that reflects an individual with a similar name and service number as the applicant was riding in an M578 Armored Personnel Carrier that was hit by an RPG. This individual sustained multiple shrapnel wounds to the left leg. He was treated at the 1/11th ACR aid station; his wound was dressed and he was given morphine. Unfortunately, this form contains many inconsistencies. This form shows this individual indicated: * he held MOS 11D; the applicant held MOS 63B/63C * he had completed 3 years and 2 months of service; the applicant had completed 2 years and 9 months of service at the time * a medical officer did not sign this form 4. The issue is further complicated by the fact that there is no other document that could corroborate the alleged injury: * the applicant’s name is not listed on the Vietnam casualty roster * item 40 of his DA Form 20 does not show a combat wound * nowhere on his available medical records is a combat injury mentioned 5. Notwithstanding the applicant's sincerity, in the absence of additional documentation that conclusively confirms he suffered an injury that was caused by the enemy/as a result of enemy action, there is insufficient evidence upon which to base award of the Purple Heart in this case. 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR2003093678, dated 6 April 2003. ___________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) AR20150009073 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009073 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1