ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 March 2019 DOCKET NUMBER: AR20170012467 APPLICANT REQUESTS: The applicant requests reconsideration of the prior decision of the Army Board for Correction of Military Records (ABCMR) to deny his application for award of the Purple Heart (PH). He contends that he was wounded on 11 June 1969 while under attack by the enemy during which another Soldier was killed. The applicant also contends that he should have received a line of duty (LOD) investigation for his wound. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Letter requesting reconsideration, dated 25 May 2017 * Letter, ABCMR, 1 March 2017, subject: application denied * Medical Treatment Form, form number now shown, patient identification not shown, four entries from 15 November 1968 to 19 June 1969 * Vietnam Casualty Record for a Soldier RLM (not the applicant) killed in action in Vietnam on 11 June 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. 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 AR20150016129 on 1 March 2017. 3. The applicant was inducted into the Army on 25 September 1967. He was shipped to Vietnam on 24 September 1968 and assigned to Company C, 52d Signal Battalion, USARPAC where he served as a radio relay and carrier operator in the grade of E-4. He was shipped back to the U. S. on 14 September 1969 where he honorably discharged and transferred to the U. S. Army Reserve (USAR) on 18 September 1969. He was honorably discharged from the USAR on 1 September 1973. 4. The applicant provides as a supporting document a medical record single page that contains no identification that shows whose record it is. The prior ABCMR already considered this evidence so it is not new evidence. The medical record has four entries including one for 11 June 1969 that shows the unnamed subject was treated at the Vinh Long Airfield Dispensary for a 1 1/2 inch cut on the right side of his head for which he received 5 stitches. The record does not name the source of the cut on the applicant’s head. The record does not show signature or authentication of a medical officer as required by AR 600-8-22. 5. The applicant provides a copy of a Vietnam casualty record for another Soldier, RLM, who was killed on 11 June 1969 by artillery/mortar fire at Vinh Long Province. The applicant contends that he was wounded on this same occasion. 6. The applicant’s DA Form 20, Enlisted Record Brief (ERB), box 40 (Wounds), shows no entry for any wound to the applicant. It is also noted that the applicant audited this ERB on 14 September 1969 and personally signed the form verifying that is was accurate. The applicant’s DD Form 214 shows no entries for any wounds or award of a Purple Heart. 7. The applicant contends that he should have been given a LOD for his contended injury. There is no LOD report in his records and there is no record of injury identified with the applicant in his records. The one page of medical record provided by the applicant has no Soldier identification on it. In the absence of evidence to the contrary, administrative regularity must be presumed that there was no injury requiring an LOD. Further, an LOD is not a requirement for eligibility for a Purple Heart. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. The Board found that there was insufficient evidence presented or within the service record to show the applicant was injured while serving in combat and that the injury incurred required medical attention. Therefore, the Board recommended denying the applicant’s request for correction. 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 to amend decision of the ABCMR set forth in Docket Number AR20150016129, dated 1 March 2017. SIGNATURE: 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 600-8-22 (Military Awards), paragraph 2-8 (Purple Heart) states in pertinent part that 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 Servicemember’s medical and/or health record. Award of the PH may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the Servicemember’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. 3. Army Regulation 600-33 (The Army Casualty System), 7 June 1968, in effect at the time of the applicant’s injury states that line of duty (LOD) and misconduct determinations are required for injuries, diseases, and deaths incurred by personnel on active duty. The LOD determines if the Soldier is in an authorized duty status at the time of the injury and whether or not the injury was a result of the Soldier’s own misconduct. The LOD determination will be recorded in the medical record and the report placed in the Soldiers personnel records. ABCMR Record of Proceedings (cont) AR20170012467