ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 28 October 2019 DOCKET NUMBER: AR20170017437 APPLICANT REQUESTS: award of the Purple Heart and subsequent correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Power of Attorney * Statement in Support of Claim, X___ * Statement in Support of Claim, X___ * Self-Authored statement, S.B. * Two Statements in Support of Claim, X___ * Statement in Support of Claim, X___ * Statement In Support of Claim * Letter from the National Archives & Records Administration, April 5 2014 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 AR20140012703 on 2 June 2015. 2.. The applicant states on 30 May 1968, while he was on a search and destroy mission in the Hau Nghia Province area, B Troop encountered a force of X___. and a fire fight started. About mid-morning of the day, he received a shrapnel wound in the left elbow area. When a team member saw that he was injured, he called the 28 track for the medic. X___. came to the track where he lay and bandaged his arm and he returned to duty. He saw the doctor at the 11th ACR reunion in St. Louis, 2011, and they spoke about the fire fight on 30 May. The subject of his Purple Heart was brought up. The doctor wanted to know if he had received his and he told him he had not. During that time, they decided to write down their memories of that day, so that he could apply for the Purple Heart that he did not receive. 3. The applicant provides: a. A statement in support of claim from X___. stating that 1st Platoon was told to expect heavy resistance and as they made their sweep across the rice patties, suddenly they came under extreme heavy attack. The applicant was pulled out of the ambush and was wounded. b. A statement from X___states he was a member of Troop B, 1st Squadron 11th Armored Calvary Regiment in the Republic of Vietnam from May 1968 to May 1969. He served with the applicant on Track 27 and doing a search and destroy mission they were ambushed and the applicant suffered shrapnel wounds to his left arm. After being treated from their medic, he returned to Track 27. c. A statement in support of his claim from the X___, which states he was the medic in the 11th Armored Calvary, 1st Squadron, B. Troop, 2nd Platoon during 13 December 1967 to 20 June 1969. On 30 May 1968, B Troop was conducting a search and destroy mission in Hau Nghia Province, Vietnam. They were ambushed by a large force of the Vietnam Army. The platoon was hit and the first casualty was the applicant. He gave treatment to the applicant for a shrapnel wound to his left forearm and elbow. As evidenced by fellow soldiers and eye witnesses, the applicant did sustain an injury as a result of hostile fire. It is his hope that the Board would reconsider the applicant’s appeal to award him the Purple Heart award. He sustained wounds from enemy fires and was treated for those wounds. d. A statement in support of claim from X___, which states he served in Vietnam with B Troop, 2nd Platoon from October 1967 to October 1968. He was a gunner on the 26 vehicle, which was the command vehicle and as they crossed a rice paddy towards the wood line, they began to take heavy small arms fires. As he monitored the platoon over communications he learned that the applicant had been wounded andX___. was on the way. The following day he saw his arm bandaged. 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 2 August 1967. b. He served in Vietnam from 18 January 1968 to 12 January 1969. c. The applicant was released from the active duty on 1 August 1969 with an Honorable Discharge Certificate. His record is void of documentation awarding him the Purple Heart. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded or authorized: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Vietnam Service Medal with 2 Bronze Service Stars * Combat Infantryman’s Badge * Vietnam Campaign Medial with device 1960 * Overseas Bars (2) * Marksman Qualification Badge (45 Caliber) * Expert Qualification Badge (106 mm) 5. 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 1968 and 1969, failed to reveal any orders awarding him the Purple Heart for his period of service in Vietnam. 6. A review of the Vietnam Casualty Roster does not show the applicant as being wounded. 7. On 8 July 2014, the applicant petitioned the Army Board for Correction of Military Records (ABCMR) to be awarded the Purple Heart. On 2 June 2015, the Board denied his request, based on a lack of evidence in his records. 8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart 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 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions and letters of support were carefully considered. One possible outcome was to grant relief based off of the letters of support provided as evidence of his entitlement. However, the majority of the Board denied relief based upon inconsistencies within the witness statements; there was no casualty report completed after the incident; the fact that his command did not recommend him for the award having immediate knowledge of the incident when it occurred; and the medical documentation completed upon his discharge shows he did not report having been injured in Vietnam. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :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 the decision of the ABCMR set forth in Docket Number AR20140012703 on 2 June 2015. 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 Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. 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 above. 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 Purple Heart 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. c. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for award. d. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function. 2. Army Directive 2011-07 (Awarding the Purple Heart), dated 18 March 2011, provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart: a. Approval of the Purple Heart requires the following factors among others outlined in Department of Defense Manual 1348.33 (Manual of Military Decorations and Awards), Volume 3, paragraph 5c: wound, injury or death must have been the result of an enemy or hostile act, international terrorist attack, or friendly fire and the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the Soldier's medical record. b. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the Soldier’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) AR20170017437 4 1