IN THE CASE OF: BOARD DATE: 15 November 2017 DOCKET NUMBER: AR20160004868 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: 15 November 2017 DOCKET NUMBER: AR20160004868 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 Army Board for Correction of Military Records set forth in Docket Number AR200050831, dated 17 May 2001. _____________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: 15 November 2017 DOCKET NUMBER: AR20160004868 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 correction of his records to show award of the Purple Heart. 2. The applicant states: a. He was injured during an artillery attack in Vietnam and never received the Purple Heart. b. He previously applied for the award in 2004 and received a letter stating not enough documentation could be found. He recently discovered a DA Form 8-119 (Hospital Arrival Notice) and is sending it for reconsideration of his request. 3. The applicant provides: * self-authored statement * DA Form 8-119, dated 18 August 1969 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 AR200050831 on 17 May 2001. 2. The applicant provides a DA Form 8-119 as new evidence that was not previously considered by the Board and warrants consideration at this time. 3. The applicant enlisted in the Regular Army on 30 September 1968. 4. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 13 April 1969 through 26 June 1969, where he was assigned to Company D, 168th Engineer Battalion, and Company D, 31st Engineer Battalion. On 27 June 1969, he was assigned as a patient to the 106th General Hospital in Japan and transferred to the U.S. Army Hospital, Fort Gordon, GA, on 9 August 1969 as a patient. 5. Item 40 (Wounds) of his DA Form 20 contains no entries. 6. He provided a DA Form 8-119, dated 18 August 1969, which states he was admitted to the U.S. Army Hospital, Signal and Training Center (USAHSTC), Fort Gordon, GA, on 9 August 1969, and was receiving medical care and treatment to aid him in his recovery. His condition was satisfactory; he was expected to remain at the hospital at least 2 to 6 months; and he was able to write at the time. 7. A DA Form 3349 (Medical Condition – Physical Profile Record), dated 17 September 1969, shows: a. He was being transferred from USAHSTC, Fort Gordon, GA, to the U.S. Army Training Center, Fort Leonard Wood, MO. b. He was found medically qualified for duty with limitations. c. He was given a temporary physical profile rating of "3" for the lower extremities due to an internal derangement of the right knee. The source of the knee derangement is not annotated. d. His assignment restrictions or geographical or climatic area limitations consisted of no crawling, stooping, running, jumping, prolonged standing, or marching for 6 weeks. 8. An undated Standard Form 89 (Report of Medical History), undated, shows the purpose of the examination was separation. It shows the applicant reported undergoing knee surgery at the age of 24. 9. A Standard Form 88 (Report of Medical Examination), dated 27 May (year cut off on form copy), shows the purpose of the examination was separation. His lower extremities were rated as normal and his physical profile rating was "1" for all categories. 10. He was honorably released from active duty on 29 September 1971 due to the expiration of his term of service. His DD Form 214 does not show he was awarded the Purple Heart. 11. His records do not contain orders awarding him the Purple Heart and there is no evidence of record showing he was wounded as a result of hostile action while serving in Vietnam. 12. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant. 13. On 17 May 2001, the ABCMR denied his request for award of the Purple Heart based on the absence of evidence showing his evacuation from Vietnam was due to wounds as a result of hostile action. He was, however, issued a DD Form 215 (Correction to DD Form 214), adding award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class to his DD Form 214. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment (not merely examination) by a medical officer, and the medical treatment must have been made a matter of official record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. DISCUSSION: 1. Although his records show was transferred from Vietnam to the 106th General Hospital in Japan as a patient on 27 June 1969 and later transferred to USAHSTC, Fort Gordon, GA, on 9 August 1969 as a patient, there is no evidence of record his hospitalizations were the result of wounds sustained in action while serving in Vietnam. 2. His records corroborate his receipt of a temporary physical profile rating of "3" from USAHSTC, Fort Gordon, GA, on 17 September 1969, for an internal derangement of his knee and he reports on his Standard Form 89 at the time of his separation to have undergone surgery on his knee. 3. Nonetheless, none of these medical documents show the source of the knee injury or suggest it was incurred as the result of hostile action in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004868 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004868 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2