ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 April 2019 DOCKET NUMBER: AR20170011420 APPLICANT REQUESTS: the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Online Application * Self-authored statement * Standard Form 600 (Chronological Record of Medical Care) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) 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 AR2002077881 on 17 December 2002. 2. The applicant states he was stationed in South Vietnam with Battery C, 1st Battalion, 27th Artillery, at Dau Tieng from around 24 March 1967 – 19 March 1968. Around 17 December 1967 he was driving a 3/4 ton truck to pick up an empty steel barrel about 1/4 of a mile from his bunker area. On the return trip he heard an explosion to the left and slightly behind him. The explosion blew out both tires on the left side of the truck and pierced the metal of the truck in many places. He noticed that he had blood on his face and shoulder. Within a few minutes he was transported by jeep to the field hospital and treated for the removal of shrapnel from his left face, arm and back. He was relieved from normal duties for 3 days as the wounds healed. He had no knowledge of the origin of the explosion and the area was not known to have land mines. He was injured in combat and should be awarded the Purple Heart. 3. On 17 May 1966, the applicant was inducted into the Army of the United States. From 22 March 1967 to 18 March 1968, he was assigned to duty in Vietnam with 1st Battalion, 27th Artillery. 1. 4. He provided a Standard Form 600 that shows on 17 December 1967, he was hit in face, arm, and back with shrapnel from an explosion of unknown source. Shrapnel was removed and his wounds were dressed. He was to return in 3 days for suture removal. 5. On 21 March 1968, he was honorably released from active duty. His DD Form 214, as corrected by a DD Form 215, does not show the Purple Heart. 6. His DA Form 20 (Enlisted Qualification Record) does not list any wounds in item 40 (Wounds), nor is the Purple Heart listed in item 41 (Awards and Decorations). 7. The applicant's name does not appear on the Vietnam Casualty Roster. 8. In support of his previous application, he provided a Department of Veterans Affairs rating decision showing he received a service connected disability rating for shrapnel wound scars on his left chin and left shoulder. 9. Army Regulation 600-8-22 (Military Awards) states 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. 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. Although the applicant provided a SF600 showing he was injured by shrapnel on or about 17 December 1967, the record states it’s from an unknown source. It fails to show it was from enemy contact. For that reason, 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. 5/10/2019 X CHAIRPERSON Signed by: 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. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the Army Services, has been wounded or killed or who has died or may hereafter die after being wounded: (1) In any action against an enemy of the United States; (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; (3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; (4) As a result of an act of any such enemy of opposing armed forces; (5) As a result of an act of any hostile foreign force; (6) After 23 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate armed services concerned if persons from more than one service are wounded in the attack; (7) After 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; or (8) Members killed or wounded by friendly fire. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. 2. 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.