ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  1 November 2019

	DOCKET NUMBER:  AR20170015847

APPLICANT REQUESTS:  an award of the Purple Heart Award

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self-authored Statement 
*	The National Museum of the United States Army Registry of the American 
Soldier Application
*	National Personnel Records Center Letter (Missing Military Records and Missing 
Medals)
*	Purple Heart Information Letter
*	Failure to Exhaust Letter
*	Human Resource Command Letter 
*	Medical Documents
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)

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 (ABCMR) 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 he was stationed in Vietnam when his team was out on 
patrol in a truck driving downhill when they slid in mud off the road and into a gutter.  
The person standing near him in the back of the truck had his weapon in his hand 
when it engaged, during the slide off the road.  He was hit in his upper left leg, the 
bullet went through and he was taken back to the medics.  He was flown to Pleiku to 
be treated, was bandaged up and given numerous shots of morphine.  Over the 
years, his muscle was affected by the shot and has bothered him off and on, 
especially in the hot weather and if he walks a lot. 

3.  The applicant provides:

	a.  A registration letter from the National Museum of the United States Army 
Registry of the American Soldier.  The applicant explained in the letter that he fueled 
helicopters in Vietnam and after becoming wounded in his leg he became a Switch 
Board Operator.  In his last 6 months of duty he became a Truck Mechanic.

	b.  An information letter from the National Personnel Records on, “Missing 
Military Records and Missing Medal.”

	c.  An Informational letter explaining the requirements for the retroactive award of 
the Purple Heart (PH). 

	d.  A letter from the Army Review Board Agency (ARBA) for failure to exhaust.

	e.  Human Resource Command’s letter to the applicant informing him that they 
were unable to authorize his request for the Purple Heart.  

	f.  Copies of his medical documentation showing his left leg injury while he was in 
service.

	g.  A copy of his DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) with his Vietnam Service.

4.  A review of the applicant’s service record shows: 

	a.  He was inducted into the Army of the United States on 7 December 1965.

	b.  He served in Vietnam with 625th Quarter Master Company (DS) from 9 May 
1966 to 8 May 1967.

	c.  DD Form 2697 (Report of Medical History) detailing his health assessment 
when he first entered on active duty and upon return from deployment until his 
separation.

	d.  The denial memorandum from HRC, dated 12 December 2016, which shows 
his request for the Purple Heart was disapproved because he did not provide his 
medical documents at that time for review.  The statutory and regulatory criteria for 
the Purple Heart require it to be authorized to Soldiers who are wounded as a result 
of enemy action do not qualify for award of the Purple Heart.

	e.  A review of the Awards and Decorations Computer Assisted Retrieval System 
(ADCARS) maintained by the Military Awards Branch of 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 awarding him the 
Purple Heart for his period of service in Vietnam.

	f.  His DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) shows he was honorably released from active duty and transferred to the 
U.S. Army Reserves on 6 December 1967.  He completed 2 years.  It also shows he 
was awarded or authorized the: 

*	National Defense Service Medal
*	Marksman Marksmanship Qualification Badge 
*	Vietnam Service Medal with 2 Bronze Service Stars
*	Republic of Vietnam Campaign Medal with Device

5.  A letter from the Army Reviews Agency, dated 7 February, 2018 indicates the 
applicant had previously applied to AHRC for relief.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  The PH is 
awarded for a wound sustained in action against an enemy or as a result of hostile 
action.  Substantiating evidence must be provided to verify 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:

After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted.  Based upon 
the preponderance of the evidence, the Board agreed he was accidently wounded.  
Regulatory guidance provides the Purple Heart is not awarded for injuries resulting 
from accidents.

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 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) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  

	a.  The PH is awarded for a wound sustained in action against an enemy or 
as a result of hostile action.  Substantiating evidence must be provided to verify 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. 

	b.  Paragraph 2-8e specifically states a wound is defined as an injury to any part 
of the body from an outside force or agent sustained under one or more of the 
conditions listed in the regulation.  A physical lesion is not required.  However, 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 service member’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 service member’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.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170015847

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