ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2019 DOCKET NUMBER: AR20170012775 APPLICANT REQUESTS: Award of Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Two Standard Forms (SF) 600 (Health Record - Chronological Record of Medical Care) * Medical Extract * Four Photographs 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 that he was injured on two occasions as result of enemy action in Vietnam. He failed to claim the award of the Purple Heart on his part due to relatively minor wounds compared with his fellow Soldiers who were killed or severely wounded in an attack. He also states an administrative failure on his second wound due to change of command or rotation of personnel involved in the process to submit paperwork. He states that he failed to follow up and was just happy to be out of the war in one piece. 3. The applicant provides: a. A self-authored statement which states that he served Vietnam in 1968 and 1969, the most violent time of the war with the highest number of Americans killed and wounded. He said that he was hurt twice but failed to get recognition and at the time it did not matter much. His friend, now deceased, was shot eight times, lost an eye, nose and part of his foot. He states that he was able to continue his assignment with a little patching up and it was clearly a failure on his part not to keep up with the award process because at the time he felt it did not matter and getting out alive was the best reward given that he saw so much death and destruction. He also assumed the paperwork would eventually get to where it needed to go. (1) He requested a copy of his medical records to support any claim and it took 13 months to receive them and they came on a disc, he was disappointed because the records were incomplete. He understands that in Vietnam they were at war every day and every night. He states that the medics did not file paperwork and the field hospital made medical care a priority over paperwork and they were just trying to keep up with the ever increasing number of casualties. He states that his medical records do not mention a low level helicopter crash, a broken nose and the back wound treated and bandaged up from a sapper team killing some and wounding others near him. He mentions that there are times where he still feels something is lodged beneath the wound but the doctors tell him it is just nerve damage. (2) The applicant attached medical records from the 3rd Field Hospital entry dated 8 January 1969 stating the patient was injured last night. He states it was a mortar attack, which was a common occurrence. The blasts sent shrapnel and other projectiles lying about on the ground as the rounds hit the dirt and walked in on them. Some object hit him in the side of the head, which knocked him down. With adrenaline, he got up and dove into the nearest bunker. He was taken to the field hospital with blood running out of his ear and cuts that were bandaged. Since he did not know what hit him, he told the doctor it was probably a rock. He still has no idea what knocked him down and damaged the side of his head and ear, he just knows that it was under incoming enemy mortar fire. The doctor felt that he was okay after he treated him for the injury. He had ear problems from the injury for a long time and earaches are the worst part with tinnitus and hearing loss. The records he received show visits to the doctor for ear problems subsequent to the war, which he states are a direct result from the injury he received in Vietnam. b. Medical records: * 23 August 1968, staph boils on upper part of neck * 8 January 1969, hit in [sic] last night; small abrasion above ear; ear normal * 15 March 1969, cough * 19 June 1969, refill * 12 September 1969, pulled muscle * 7 January 1970, no entry * 2 June 1970, refill * 8 April 1972, left ear, ear problem from war injury c. Four photographs of a man’s back with a scar (presumably the applicant). 4. A review of the applicant’s service record shows the following: a. He was inducted into the Army of the United States on 2 September 1965. b. He was honorably released from active duty on 5 October 1966 to commission as a Reserve officer. He commissioned and entered active duty on 6 October 1966. c. He served in Vietnam from 12 May 1968 to 11 May 1969. He was assigned to Company A, 519th Military Intelligence Battalion. d. He was honorably relieved from active duty on 4 May 1972. He completed a total of 6 years, 8 months, and 3 days of active service. His DD Form 214, as amended by his DD Form 215 shows that he was awarded or authorized: * Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with one silver star * Republic of Vietnam Campaign Medal with “1960” Device * one overseas service bar * Joint Service Commendation Medal (1st Oak Leaf Cluster) * Republic of Vietnam Technical Service Honor Medal First Class * Republic of Vietnam Gallantry Cross Unit Citation with Palm Device 5. On 18 May 2012, by letter, an official of the Military Awards Branch, U.S. Army Human Resources Command (HRC), notified the applicant that they were currently unable to verify the entitlement to an award of the Purple Heart. The criteria for award of the Purple Heart require it to be awarded for wounds or injuries received as a direct result of enemy action. The wounds must have required treatment immediately after or close to the event and been made a matter of official record. The request for award of the Purple Heart was denied. HRC was able to verify entitlement to the Vietnam Service Medal with one silver service star and the Republic of Vietnam Gallantry Cross Unit Citation with Palm Device. 6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal an award of the Purple Heart for the applicant. 7. His name is not shown on the Vietnam casualty listing. His records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action. 8. By regulation, to be awarded the Purple Heart, the regulatory guidance requires all elements of the award criteria to be met; there must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment 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 provides a medical record that depicts an injury, the record fails to show the cause of the injury being from hostile action. Additionally, because there was no corroborating evidence found relating to the applicant’s statement of the cause, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the request. 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. U.S. Army Vietnam (USARV) 672-1 (Decoration and Awards) states the Purple Heart may be awarded only to US personnel, military or civilian, who are wounded or killed in action or a direct result of the enemy action. For US Army personnel who are killed, the award will automatically be prepared by the Adjutant General, Department of the Army, and presented to the next of kin. 3. 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. ABCMR Record of Proceedings (cont) AR20170012775 5 1