ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 October 2019 DOCKET NUMBER: AR20170003150 APPLICANT REQUESTS: Award of the Air Medal and the Purple Heart APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) w/continuation page * Self-Authored Letter to Members of the Army Review Board Agency, dated 25 December 2016 * Letter of Response to LTC X___, Chief Awards and Decorations Branch (AWD), Human Resources Command (HRC), dated 25 December 2016 * Letter from HRC, AWD (Disapproval of Purple Heart Medal), dated 16 December 2016 * Letter to the First Lady of the United States (FLOTUS), dated 10 August 2016 * Letter to the Chairman of the Joint Chiefs of Staff, dated 9 August 2016 * Letter from HRC, AWD (Denial of Air and Purple Heart Medals), dated 2 August 2016 * Letter to FLOTUS (Request for Assistance), dated 4 June 2016 * Self-Authored Narrative for Issuance of the Purple Heart and Air Medal (2d Award) * Picture of Applicant’s Foot Injury * Letter from HRC, AWD (Denial of Air and Purple Heart Medals), dated 29 June 2015 * Self-Authored Letter to National Archives (Request for Assistance), dated 7 September 2015 * Electronic Mail, National Archives at College Park, MD, dated 21 September 2015 * Outpatient Routing Slip, Boston Outpatient Clinic, dated 7 June 2007 * Standard Form (SF) 93 (Report of Medical History), dated 27 April 1983 * SF 600 (Chronological Record of Medical Care), dated 1 April 1968 through 29 May 1968 * Documentary Excerpt – The TET Offensive * Open Letter to Elected Officials of the United States Senate, dated 31 March 2016 * Letter to Secretary of Defense (Request for Assistance), dated 29 May 2015 * Letter to U.S. Senator of Massachusetts – Honorable (X___ X___), (Nurse Practitioner Slain at Fort Hood to be Awarded Purple Heart), dated 27 May 2015 * Letter of Response to U.S. Senator of Massachusetts – Honorable (X___ X___), dated 23 April 2015 * Congressional Inquiry, U.S. Senator of Massachusetts – Honorable (X___ X___), dated 23 April 2015 * Congressional Response, U.S. Senator of Massachusetts, dated 17 April 2015 * Letter, Request for Assistance to U.S. Senator of Massachusetts, dated 23 February 2015 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 he should have been awarded the Purple Heart for the left foot injury that occurred from enemy fragmentation of incoming 122 MM Rockets and 81 MM Mortars during 1968 Tet Offensive attacks; he also states he should have been awarded the Air Medal (2nd Award) for the direct combat support (CS) Chemical missions and the direct combat Agent Orange Defoliant missions in which he logged more than the required 25 hours aboard CH-47 Chinook aircrafts. The paperwork for both awards were most likely [never] submitted as promised by the Acting First Sergeant because, the 1968 Tet Offensive was a massive bombing of U.S. and Allied base camps. Based on LTC X___'s suggested idea to appeal to the ABCMR with his case, this is his last attempt. Prior to receiving LTC X___'s letter dated 16 December 2016 on Christmas Eve, he had given up and accepted the fact that things will happen and he was not going to point a finger at anyone period. He knows that he earned and deserve to be awarded both medals. He further states he did not recently decide to go after the awards, but, within two months after leaving Vietnam, he was asking his old unit about the two awards. He made many calls from Thailand back to Vietnam in May and June 1968, checking to see if the previous First Sergeant (1SG) had submitted his paperwork for the awards. The documents he left were the CH-47 Chinook log records and medical records. The then Acting 1SG, could not locate the documents the applicant left or confirm if the awards were filed for by the previous Acting 1SG. He believes that the 1SG didn't have the time to take care of awards based on the platoon's operations and receiving an early rotation date to leave Vietnam. Things will happen and he cannot say that his paperwork was not filed because the 1SG [failed] to take care of it - it is more likely than not that the 1SG was too busy dealing with the 1968 Tet Offensive attacks and trying to stay alive. He was a good 1SG and the applicant has the utmost respect for him doing his job and caring for his soldiers -he think it is more about the time and timing, rather than [failure] by the 1SG getting the time to take care of it for the applicant. 3. The applicant provides various forms of correspondence as noted above, to elected and military officials in his attempt to seek award of the Air and Purple Heart Medals. He provided a copy of SF 600 which shows an entry regarding an injury to his left foot dated 14 March 1968. The applicant also provided a photograph of his left foot to reveal the scar as a result of the wound. He made note of the injury in item 20 and in the Remarks Section of his SF 93 (Record of Medical History – Retirement Physical), dated 27 April 1983. However, the required documents as stipulated by regulatory guidance for award of the Air and Purple Heart Medals are not provided by the applicant nor are they readily available for review. 4. The applicant’s service records shows: a. He enlisted in the U.S. Army Reserves on 1 July 1962. He enlisted in the Regular Army on 9 April 1963. b. He served in Korea from 16 April 1963 to 18 May 1964; Vietnam from 14 September 1966 to 8 April 1968; Thailand from 9 September 1968 to 3 April 1972; and Johnston Island from 1 December 1976 to 2 December 1977. He received normal tour credit for his overseas assignments. c. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably separated for length of service (Retirement) on 31 May 1983. He completed 20 years, 9 months, and 22 days of active service. He was awarded or authorized: * Bronze Star Medal * Air Medal * Army Commendation Medal (2nd Award) * Army Good Conduct Medal (6th Award) * National Defense Service Medal * Vietnam Service Medal with 4 bronze stars * Noncommissioned Officer Professional Development Ribbon w/numeral 3 * Army Service Ribbon * Overseas Service Ribbon with/numeral 2 * three Overseas Service Bars * Vietnam Campaign Medal * Vietnam Civil Action Unit Citation * Vietnam Cross of Gallantry w/Palm * Driver and Mechanic Badge * Expert Marksmanship Badge with Rifle Bar (M-14) * Expert Marksmanship Badge with Rifle Bar (M-16) d. The applicant’s service records are absent of required documentation to support award of the Air and Purple Heart Medals. e. HRC denial memorandums, dated 29 June 2015, 2 August 2016, and 16 December 2016 of his request for award of the Air and Purple Heart Medals. The particular event as it relates to the Purple Heart does not meet the statutory guidance in accordance with Army Regulation (AR) 600-8-22 (Military Awards), paragraph 2. There is no evidence he was recommended for or awarded the Air Medal (2nd Award). His flight record is not available for review. 5. By regulation/directive, AR 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards: a. 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. b. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. An entry in his medical record in March 1968 shows a left foot injury treated with water and a bandage. At the time of the injury, the medical record did not mention any reference to him being injured by enemy forces. In addition, he was not listed on the Vietnam casualty roster as being injured by hostile forces. The evidence provided shows he told medical personnel how he allegedly received the injury to his foot well after the incident. The Board agreed that if he was entitled to the Purple Heart while in Vietnam, that his command, who had immediate knowledge of the injury, would have most likely awarded him the Purple Heart. His record is also void information showing he was awarded or authorized a second Air Medal. Based upon the preponderance of the evidence, the Board agreed there is insufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 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 (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. 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 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. c. When contemplating an award of the Purple Heart, 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 the sole justification for award. d. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function. 3. Army Directive 2011-07 (Awarding the Purple Heart), dated 18 March 2011, provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart: a. Approval of the Purple Heart requires the following factors among others outlined in Department of Defense Manual 1348.33 (Manual of Military Decorations and Awards), Volume 3, paragraph 5c: wound, injury or death must have been the result of an enemy or hostile act, international terrorist attack, or friendly fire and the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the Soldier's medical record. b. 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 Soldier’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. 4. Army Regulation 600-8-22 provides for award of the Air Medal. It is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personnel decorations, formal recommendations, approval through the chain of command, and announcement in order are required. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170003150 5 1