ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 May 2019 DOCKET NUMBER: AR20170013523 APPLICANT REQUESTS: the Purple Heart for injuries he sustained during a grenade blast while serving in the Republic of Vietnam. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Statement * DA Form 1594 (Daily Staff Duty Journal or Duty Officer’s Log) dated 20 February 1967 * Clinical Record Cover Sheet for 0200 hours 20 February 1967 * DA Form 1 (Morning Report) various dates * DD Form 214 (Armed Forces of the United States Certificate of Release or Discharge from Active Duty) for the period ending 13 April 1967 * 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 AR1999018155 on 18 August 1999. 2. The applicant states the enemy was unknown [at the time of the blast] and he has documents to prove it. He is rated by the Department of Veterans Affairs and was told he rates a Purple Heart and should refile an application with the ABCMR. 3. With prior service in the Regular Army the applicant reenlisted on 4 June 1964. 4. A review of the applicant’s DA Form 20 (Enlisted Qualification Record) contains the following pertinent entries: * Item 31 (Foreign Service) – 4 April 1966 to on or about 3 April 1967 in the Republic of Vietnam * Item 40 (Wounds) – is blank * * Item 41 (Awards and Decorations) – does not contain an entry for the Purple Heart 5. A Standard Form 502 (Clinical Record), dated 20 February 1967, is filed in his records. This form shows he was treated for multiple fragment wound to the back, buttocks and both arms. Item 23 (Diagnoses) of the DA Form 8-275-3 (Clinical Record Cover Sheet), dated 20 February 1967, shows he received multiple fragment wounds to his back, buttocks and both arms. It states, "Patient wounded by fragment from an unknown source, 0130 hours, 20 Feb 67, near Phu Loi, RVN." It further states a line of duty determination was pending an investigation. 6. On 13 April 1967, he was honorably released from active duty in the rank/grade of specialist five/pay grade E-5. He was issued a DD Form 214 showing he served 2 years, 10 months and 10 days of active service with 2 years, 3 months and 23 days of foreign service in the U.S. Army Pacific. His awards, decorations, medals and campaign ribbons do not include the Purple Heart. 7. 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, revealed no award orders for the applicant pertaining to the Purple Heart. 8. The applicant’s name is not within the Vietnam Casualty Roster. 9. On 15 November 1996, the U.S. Army Reserve Personnel Center, St. Louis, Missouri wrote the applicant a letter informing him that his record failed to document that he was wounded as the direct result of an enemy action. 10. On 18 August 1999, the ABCMR reviewed his application, personnel record and the evidence he submitted. The Board denied his request for the Purple Heart because there was no evidence the grenade blast which wounded him was caused by enemy personnel or forces. The Board did correct his record by adding the Army Commendation Medal with publication of a DD Form 215. 11. In support of his application, he now provides DA Form 1, Morning Reports, showing he and two other Soldiers were injured by a grenade blast in their sleeping area early in the morning of 20 February 1967. The Morning Report stated a line of duty determination was pending investigation. Later reports show an investigation was initiated to determine the cause of the grenade blast. He was hospitalized as a patient and treated for the fragment wounds then he transitioned to convalescent leave and transferred back to the United States where he was released from active duty, not due to physical disability. 12. A copy of the investigative report is not available for the Board’s review nor is it filed in his official military personnel file. 1. 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. After reviewing the application and all supporting documents, the Board found insufficient evidence to show that the applicant’s injuries were as a result of hostile action from the enemy. 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. 5/13/2019 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) prescribes the policy, criteria, and administrative instructions concerning individual and unit military awards. 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 officer, and the medical treatment must have been made a matter of official record. Announcement in orders is required. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. Regarding award and decorations, it stated all decorations, service medals, campaign credits, and badges awarded or authorized would be reflected. The source document was the DA Form 20 and award orders. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that 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 is not an investigative body of the Army.