ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 June 2019 DOCKET NUMBER: AR20170006071 APPLICANT REQUESTS: award of the Purple Heart and subsequent correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show it. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Newspaper Article from Hobbs Daily News-Sun, dated 4 March 1969 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 sustained injuries from a rocket attach in Chu Lai Vietnam in February 1969; however, his records are not reflective of this activity. He was medically evacuated to a hospital in Chu Lai for treatment. He also states after treatment he returned to his unit for the duration of his time in Vietnam. He has never been awarded the Purple Heart for wounds received in action and request his record be reviewed for consideration. 3. The applicant provides a newspaper article from the Hobbs Daily News-Sun, dated 4 March 1969, which talks about him being wounded. The article references him receiving shrapnel wounds to both legs, a concussion and injury to his chest from an exploding rocket. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 10 January 1967. b. He served in Vietnam from 12 April 1969 to 3 September 1969, participating in 3 campaigns (TET Counter Offensive, Vietnam Counter Offensive Phase IV and Vietnam Counter Offensive Phase V). c. On 11 April 1969, he was honorably discharged for immediate reenlistment. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * 2 overseas service bars * Air Medal with 3 oak leaf clusters * Vietnam Campaign Medal * Marksman Marksmanship Qualification Badge (M-16) * Sharpshooter Marksmanship Qualification Badge (M-14) d. He reenlisted on 12 April 1969. He served in Germany from 7 February 1971 to 2 February 1973. e. He was honorably discharged on 7 June 1971. His DD Form 214 for this period of service shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * 2 overseas service bars * Air Medal with 3 oak leaf clusters * Vietnam Campaign Medal * Marksman Marksmanship Qualification Badge (M-16) f. His record is void of documentation awarding him the Purple Heart. Nothing in several typical sources show he was wounded as a result of hostile action or that he was awarded the Purple Heart. (1) His medical records, which would have listed any injuries and treatment of such injuries, are not available for review with this case. (2) Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury and item 41 (Awards and Decorations) of these forms does not list the Purple Heart as an authorized award. (3) His name is not shown on the Vietnam casualty roster, a compilation of most of those who were wounded in Vietnam that is used to verify eligibility for the Purple Heart. (4) His records do not contain an official Army notification or a Western Union telegram notifying his next of kin of an injury. This was a normal notification procedure during the Vietnam War. (5). A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant. 6. 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 7. 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: After review of the application and all evidence, the Board determined relief is not warranted. The Board found that there was no information within the service record or provided by the applicant in the form of medical documents, unit casualty information, or eyewitness statements showing he the enemy caused wounds requiring treatment by medical personnel on a specific date. Based upon the preponderance of 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 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) 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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. 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 mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: frostbite or trench foot injuries; 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; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 4. AR 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be placed in item 40. 5. AR 15-185 (ABCMR) 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, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. ABCMR Record of Proceedings (cont) AR20170006071 4 1