ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 May 2019 DOCKET NUMBER: AR20170014643 APPLICANT REQUESTS: reconsideration of his previous request for award of the Purple Heart. He also request a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders Number 124, dated 7 May 1969 * Radio transmission excerpt page six * Standard Form 88, dated 19 July 1968 * Extract from medical records, dated July 1969 * DA Form 2658 (Health Record - Abstract of Service) * Report of medical examination * Email transcript, dated 9 August 2015 * Self-authored letter, dated 13 March 2016 * Progress notes printed on 12 April 2016 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 AR20150013601 on October 27, 2016. 2. The applicant states he requests that the Army review his medical records for June and July 1969, at that time he was treated for jungle rot disease to his right foot and leg. The lesion never cleared up. As of today he still suffers from skin problems due to unknown gas that was used by the enemy. This was reported in the radio log of 1st Battalion, 12th Infantry. His injury was well documented in the field, but his records did not reach his unit until mid-July 1969. By that time most of his treatment records were missing. He is requesting one simple thing that is his Purple Heart. In a detailed self- authored letter, dated 13 March 2016 he commented about his timeline enroute to Republic of Vietnam. 3. The applicant provides: 1. * Special Orders Number 124 reassigning him to Vietnam * Radio transmission excerpt page six which does not mention the applicant by name in any of the transmissions, however there was mention of gas presumably by the enemy * Standard form 88, dated 19 July 1968, which showed all clinical evaluations as normal * Extract from medical records, dated July 1969, which shows illegible information * DA Form 2658 health record abstract of service * Report of medical examination which shows multiple small scars on head and what appears as deformed right knee * Email transcript, dated 9 August 2015 asking about his injuries and 4th Medial * Self-authored letter, dated 13 March 2016 detailing his trip timeline to Republic of Vietnam * Progress notes printed on 12 April 2016 describing multiple scars on his body 4. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army 2 August 1968. b. He served in Vietnam from 6 June 1969 to on or about 12 September 1969. He was assigned to Company D, 1st Battalion, 12th Infantry, 4th Infantry Division and served as a 11B (Infantryman). c. He was confined at the U.S. Army Correctional Holding Detachment in Vietnam on 7 August 1969 and rotated back to the States for separation on 12 September 1969. d. He was initially discharged with a general discharge on 13 September 1969 but his discharge was later upgraded by the Army Discharge Review Board to fully honorable. His DD 214 (Report of Separation from Active Duty), as amended by DD Form(s) 215 (Correction to DD Form 214) does not show the Purple Heart. e. On 27 October 2016, the Board considered his case but found no evidence to support award of the Purple Heart. The Board denied his request. 5. There is no evidence of record in several typical sources that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: a. His complete medical records, which would have listed any injuries and treatment of such injuries, are not available for review with this case. b. Item 40 (Wounds) of his multiple DA Forms 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. a. c. His name is not shown on the Vietnam casualty roster, a compilation of most of those who were wounded in Vietnam, which is used to verify eligibility for the Purple Heart. d. 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. e. 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), 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. 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, to include all available medical record of the applicant, 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. 845 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 (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. 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. 3. 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. 4. 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. 1. 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.