BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160006604 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160006604 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 the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20120002909 on 23 August 2012. Specifically, he requests he be awarded the Purple Heart for wounds he received in the Republic of Vietnam. 2. The applicant states: a. He knows the Board is overwhelmed; however, he would like to reapply one more time since his first application in 2012. He is sorry he has little more information to add but maybe the names attached (if we are able to locate them from military records) and information may help. He appreciates the Board's time in reviewing his case once again and there will be no reapplying in the future after the decision is made. b. He is a 100 percent (%) disabled veteran with Waldenstrom's lymphoma due to exposure to agent orange. His medical records are with his oncologist in Florida. He is now receiving chemotherapy treatments for his cancer outside the Department of Veterans Affairs (VA) because he is not able to travel the distance required for treatment. c. His reason for stating he is 100% disabled is not to gain any additional benefits for the VA. He only wishes to be able to add the deserved Purple Heart to his case with the Bronze Star Medal and other medals he was awarded. d. He thanks the Board for their time and will accept the Board's decision and not reapply again. He wishes he had better information and that the documentation turned in at the time of the incident would have been recorded as it should have been. Somewhere, there should be the information he previously provided with his application, or it has been disposed of in error. 3. The applicant provides: * a map of South Vietnam * a hand-drawn map of downed helicopter * a photograph * discussion referencing a helicopter explosion * his VA Rating Decision, dated 21 August 2012 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 November 1970 * DD Form 215 (Correction to DD Form 214), 22 February 2010 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120002902 on 23 August 2012. 2. The applicant provides a new statement that was not previously considered by the Board in its earlier consideration of his case. This statement constitutes new evidence that warrants consideration by the Board. 3. The applicant was inducted into the Army of the United States on 6 November 1968. He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 4. The applicant served in the Republic of Vietnam from on or about 20 April 1969 through on or about 1 April 1970. 5. Special Orders Number 21, issued by Headquarters, 3rd Brigade, 82nd Airborne Division on 9 August 1969, awarded the applicant the Combat Infantryman Badge (CIB). However, the special orders do not specify a date he was involved in actions against hostile forces. 6. A DA Form 20 (Enlisted Qualification Record) shows the following: a. Item 40 (Wounds) – no entry b. Item 41 (Awards and Decorations) – no Purple Heart entry 7. The applicant was honorably released from active duty on 5 November 1970. The DD Form 214 he was issued does not show he was awarded the Purple Heart. 8. A DD Form 215 updated the applicant's awards and decorations on 22 February 2010. The Purple Heart is not listed on his DD Form 215. 9. The applicant's name is not listed on the Vietnam casualty roster. 10. The applicant's available record is void of evidence that shows a qualifying incident/injury for which he became entitled to the Purple Heart. 11. The applicant provides: a. A discussion between witnesses of an alleged helicopter explosion that occurred between February and March 1970. The applicant's name appears as "Tom" (his middle name) within the discussion. It appears he was trying to locate other Soldiers injured by the helicopter explosion and the person who provided medical care. The discussion does not assert the helicopter explosion resulted from hostile action. b. His VA Rating Decision, dated 21 August 2012, which shows the applicant is 100% service-connected and permanently disabled. c. Maps and a photo of troops in Vietnam apparently depicting where the alleged helicopter explosion occurred. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound or wounds sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record. a. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the Service member’s medical and/or health record. Award of the PH 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. b. When contemplating an award of the PH, 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 PH include injury caused by vehicle or aircraft accident resulting from enemy fire. d. Examples of injuries or wounds which clearly do not justify award of the PH are accidents, to include explosive, aircraft, vehicle, and other accidental wounding not related to or caused by enemy action. DISCUSSION: 1. The applicant requests he be awarded the Purple Heart for wounds he received in the Republic of Vietnam. He contends he is not trying receive further benefits from the VA; he only wishes to add the deserved Purple Heart in his case with other awards and decorations. 2. The applicant's record does not contain evidence that shows he was wounded or injured by hostile forces during his service in the Republic of Vietnam. Similarly, the Vietnam casualty roster does not indicate he was wounded/injured. 3. The provided evidence lacks supporting medical documentation that contains a date of enemy action that resulted in a qualifying injury connected to the incident. 4. The governing Army regulation provides that in order to be awarded the Purple Heart, a wound must be as a result of a hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160006604 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 AR20120002909 on 23 August 2012. 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 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006604 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006604 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2