ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 August 2019 DOCKET NUMBER: AR20180000109 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Navy Achievement Medal * DA Form 2-1 (Personnel Qualification Record), Record of Assignments Page * Health Record-Abstract of Service * Medical Record Progress Notes * Purple Heart magazine Article * Newspaper Article * Clinical Record, X-Ray * Health Record, 29 May 1969 * Health Record April 1970 * Veterans Affairs (VA) Form 21-4138, 1 January 2013 * Health Record 5 November 1968 * Medical Summary Note 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 he believes he should have received a Purple Heart for a head injury he suffered in Vietnam. He suffered a head injury during an enemy attack in Vietnam. He was reassigned as a result to the injury. It wasn't until the mid-1990s when he noticed that he did not have a Purple Heart on his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge). He assumed he always had a Purple Heart since he was wounded in combat. When he returned home from Vietnam he tried to forget everything and it wasn't until the 1990s when he first started to think about his Vietnam duty and took a look at his DD Form 214. 3. The applicant provided: a. His Navy Achievement Medal presented to him for heroic achievement while serving with friendly forces engaged in armed conflict against the enemy in the Republic of Vietnam on 13 August 1969. b. His personnel qualification record showing all of his military assignments from 29 July 1968 to 12 June 1970 c. A health record abstract of service showing his unit of assignment at Fort Campbell, KY and the servicing medical facility for his unit. d. Progress notes, dated 15 April 2002, from the Veterans Affairs medical department. Showing the chain of events for the applicant from his injury in Vietnam to his return home. Also marital history, medical problems, work history, legal issues, and psychiatric history of the applicant. e. A November/December 2007 article from Purple Heart Magazine titled “Words in the Wind.” f. Local newspaper article dated 16 November 1969, announcing the applicant’s tour of duty in Vietnam as a radar specialist. g. Medical records showing: * the applicant, X-ray results * replacement of eyeglasses * report of headaches for 2 weeks, struck in the head with tree in Vietnam h. A statement of support of claim on VA Form 21-4138. The applicant stated his injury occurred in Vietnam. He was hit in the head as a US Army cobra helicopter hit a tree while attempting to land. A branch from the tree hit by the helicopter hit the applicant in the head rendering him unconscious. i. A Veterans Affairs decision letter granting the applicant service-connected disability for posttraumatic stress disorder and head injury. 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 22 July 1968. b. He served in Vietnam from 14 December 1968 to 13 December 1969. c. The applicant was honorably released from active duty on 12 June 1970. His DD Form 214 shows he completed 1 year, 10 months, and 21 days of active service. This form does not show the Purple Heart as an authorized award. It shows he was authorized or awarded: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Combat Infantryman Badge * Republic of Vietnam Commendation Medal * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle Bar 5. On 7 June 2018, an official letter from Awards and Decorations Branch, U.S. Army Human Resources Command (HRC), notified the applicant that the request for an award of the Purple Heart for injuries received while serving in Vietnam does not meet the statutory guidance in accordance with AR 600-8-22 (Military Awards), paragraph 2-8h (13). 6. By regulation (AR 600-8-22: a. 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. b. When contemplating eligibility for the Purple Heart, the two critical factors commanders must consider are the degree to which the enemy or hostile force caused the wound and if the wound was so severe that it required treatment by a medical officer. Some examples of enemy-related actions which justify eligibility for the Purple Heart include injury caused by enemy emplaced trap, mine, or other improvised explosive device; as well as concussions and or mild TBI caused as a result of enemy- generated explosions that result in either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. 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 medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the request. Although the applicant was clearly in combat with an armed enemy, the Board could not find a qualifying injury that the applicant incurred as a result of that enemy contact. 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. Army Regulation (AR) 600-8-22, (Military Awards), effective 25 June 2015, prescribes policies and procedures for military awards and decorations, to include the Purple Heart. 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 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. When contemplating an award of this decoration, 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 the award. c. Examples of enemy-related injuries which clearly justify award of the Purple Heart include concussion injuries caused by enemy-generated explosions, and a TBI or concussion that is severe enough to cause: * loss of consciousness * restriction from full duty due to persistent signs, symptoms, or clinical findings * impaired brain functions for a period greater than 48 hours from the time of the concussive incident ABCMR Record of Proceedings (cont) AR20180000109 5 1