ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 3 October 2019 DOCKET NUMBER: AR20190004758 APPLICANT REQUESTS: reconsideration of his request for award of the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Photos * Personal statement * Information pertaining to the PH FACTS: 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 AR20170007785 on 14 November 2018. 2. The applicant states: a. The American Legion has a copy of his medical records which indicate his wound repair; however, they will not send him a copy. He has requested his health records on several occasions, but he has not received them. He recalls the wound was a result of concertina wire contact when he dove into a ditch during a rocket attack. There was no company commander at the base; therefore, the wound was likely never reported. b. He never realized a medal request was possible since he has never received his medical records from Vietnam. The American Legion would not release his medical records due to an ongoing appeal on another issue. He was drafted into military service out of Ohio. He lived in and was 24 years old. He goes on to describe his assignment history and states the awards listed on his DD Form 214. He has enclosed photos taken during his service in Vietnam. The applicant's complete statement is provided for the Board’s review. 3. The applicant was inducted into the Army of the United States on 19 May 1969. 4. Records show the applicant served in Vietnam from on or about 30 October 1969 through on or about 17 November 1970. During this period of service, he was assigned to: a. HHB, 3rd Battalion, 82nd Artillery Regiment, U.S. Army Vietnam (USARV), from on or about 12 November 1969 through on or about 6 January 1970; and b. Battery A, 3rd Battalion, 82nd Artillery Regiment, USARV, from on or about 7 January 1970 through on or about 17 November 1970. 5. The applicant’s available records are void of orders that show he was awarded the PH or that he was wounded as a result of enemy action. 6. The applicant was honorably released from active duty on 22 November 1970. His DD Form 214 shows he completed 1 year, 6 months and 4 days of net service during this period of active duty. He was awarded or authorized the following: * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Overseas service bar (2) 7. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. There is no entry pertaining to the applicant in this list of RVN casualties. 8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the PH. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command. 9. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and that medical treatment was made a matter of official record. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board noted there are no military or medical records corroborating the applicant's claim that he was wounded. The Board agreed that in the absence of documents confirming the applicant was wounded as a result of enemy action, that the wound required treatment by medical personnel, and that the medical treatment was made a matter of official record, there is no basis for awarding him the PH. 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: 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 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 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 TBI 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 b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot * 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 * PTSD * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * 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 * abrasions and lacerations (unless of a severity to be incapacitating) * bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth) * first degree burns NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190004758 3 1