ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  16 July 2019

	DOCKET NUMBER:  AR20170003563


APPLICANT REQUESTS:  award of the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 293 (Application for the Review of Discharge From the Armed Forces of the United States)
* Self-Authored Statement
* Letter from the National Personnel Records Center dated 7 October 2013

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 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 was an M-60 gunner and was injured when the military vehicle he was riding in was blown up while on a mission in May 1967.  He identifies several members of the troop that were with him and requests an investigation be conducted so the injury can be verified.  He never received a Purple Heart although he sustained an injury to his ankle, spent 23 days in the 249 General Hospital, and his fellow comrades all received awards.  

3.  The applicant provides a letter from the National Personnel Records Center, dated 7 October 2013, noting his authorized awards were provided and shipped based on documents provided or official documents available.

4.  A review of the applicant’s service record shows:

a. He enlisted in the Regular Army on 24 August 1966.

   b.  He served in Vietnam from 25 May 1967 to 23 December 1967 through two campaigns.  He was assigned to Headquarters and Headquarters Troop, 1st Squadron, 10th Cavalry, 4th Infantry Division as an 11B, Light Weapons Infantryman.
   c.  On 15 August 1967, a psychiatrist provided a statement indicating the applicant suffered a severe stress reaction about 2-3 weeks prior precipitated by an enemy ambush on top of chronic worries about his father who had lung cancer.  He was extremely fearful he might be killed by not only the enemy, but possibly his comrades.  She further noted he had pulled himself together and manifested no evidence of psychotic thinking.  He could still function as a Soldier; however, it was recommended because of his emotional instability he not be involved in a combat situation.

   d.  On 12 October 1967, his immediate commander approved the recommendation to have him reassigned to a non-combat unit.

   e.  On 24 January 1968, the SF 502 (Clinical Record – Narrative Summary) indicated he was admitted to Letterman General Hospital as a transfer from 249th General Hospital with an admission diagnosis of schizophrenic reaction, residual type.  The physician further noted his present illness probably began approximately 3 1/2 months before his first admission in November when a mine exploded and the military vehicle he was riding in blew up.  Several of his friends were killed in the explosion and he was uninjured.

   f.  On 29 January 1969, medical board proceedings were held and the applicant was found medically unfit for schizophrenic reaction, paranoid type, acute, severe, improved, manifested by hostility and belligerent behavior, paranoid delusions, inappropriate affect and ambivalence.  Block 20(1) was marked “yes” for line of duty and the cause was incident to service.  He was referred to the physical evaluation board (PEB).  The findings were approved on 8 February 1968.

   g.  On 12 February 1968, the PEB provided the below findings:

* he was unfit for military service
* it was not due to misconduct, or willful neglect, or incurred during a period of unauthorized absence
* it was not a direct result of armed conflict
* it was not caused by an instrumentality of war
* 10% disability
* separation from service with severance pay

   h.  On 18 April 1968, an ad hoc review board considered the applicants case for a grade determination.  The board determined he did not serve satisfactorily in the highest grade and he would be separated in the grade of private/E-2.

	i.  He was honorably discharged from active duty on 14 May 1968.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 8 months, and 26 days of active service.  It also shows he was awarded or authorized:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  By regulation (AR 600-8-22), the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify:

* the injury/wound was the result of hostile action
* the injury/wound must have required treatment by personnel
* the medical treatment must have been made a matter of official record

6.  By regulation (AR 15-185), the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  The ABCMR will decide cases on the evidence of record; it is not an investigative body. 

BOARD DISCUSSION:

Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found insufficient evidence to show that the injury incurred by the applicant was a combat-related injury.  Therefore, the Board recommended denying the applicant’s request for 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 Army Board for Correction of Military Records (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) 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

3.  AR 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations.  

   a.  The Purple Heart is awarded to any member of an Armed Force of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after, being wounded: 

* In any action against an enemy of the United States
* In any action with an opposing armed force of a foreign country in which the Armed Forces of the U.S. are or have been engaged
* While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party
* As the result of an act of any such enemy of opposing Armed Forces
* As the result of an act of any hostile foreign force

   b.  Paragraph 2-8g. provides examples of enemy-related injuries which clearly justify award of the Purple Heart:
   
* injury caused by enemy bullet, shrapnel, or other projectile created by enemy action
* injury caused by enemy-placed trap or mine
* injury caused by enemy-released chemical, biological, or nuclear agent
* injury caused by vehicle or aircraft accident resulting from enemy fire
* concussion injuries caused as a result of enemy-generated explosions
* mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident.

   c.  Paragraph 2-8h provides examples of injuries or wounds which clearly do not justify award of the Purple Heart which includes:
   
* battle fatigue
* post-traumatic stress disorder
* mild traumatic brain injury 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

   d.  Paragraph 2-8i states it is not intended that such a strict interpretation of the requirement for the wound or injury to be caused by direct result of hostile action be taken that it would preclude the award being made to deserving personnel.

ABCMR Record of Proceedings (cont)	 AR20170003563


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