ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 August 2019 DOCKET NUMBER: AR20180002694 APPLICANT REQUESTS: Reconsideration of his previous request for award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) * Letter of support from RB, 20 June 2005 * Standard form 502 (Clinical record), 29 November 1970 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 AR20050006445 on 12 January 2006. 2. The applicant states he received wounds sustained from an anti-personnel mine explosion in Vietnam. On 23 November 1970, his squad was located on hill 270. They were clearing brush when he heard a click and a boom. He was caught in a booby trap. Shrapnel flew up through his chin into his mouth, causing severe damage to his mouth and teeth. He was hospitalized for 7 days at the 27th Surgical Hospital and then spent the rest of his duty in Chu Lia until his discharge. Upon returning home, he was treated by the Minneapolis Veteran Affairs Medical Center along with a contracted dental clinic to attach two bridges in his mouth. 3. The applicant provides: a. Letter of support from RB, dated 20 June 2005 stating the veteran’s medical records in Vietnam show that he was wounded and cared for at the 91st Evacuation Hospital APO SF 96325 from 23 November 1970 until 29 November 1970. The wounds found was the result of hostile action (booby trap). a. b. Clinical record, dated 29 November 1970 that shows the date of admission was listed as 23 November 1970 and the date of discharge was listed as 29 November 1970. The summary stated "PT wounded in action when he tripped a booby trap injuring the right side of his face and oral cavity." The narrative summary contains the 91st Evacuation Hospital stamp but, the applicant's name is not listed on this document. The applicant also provided medical and dental records dated 11 March 1971 from the VA Outpatient Service. The records show his history, examination and diagnoses. The diagnoses stated that shrapnel fragmentary scars of the right lower chin, with good healing and very minor residuals. 4. A review of the applicant’s service records shows the following: a. He was inducted into the Army of the United States on 10 March 1969. b. The applicant served in the Republic of Vietnam from 9 March 1970 to 25 December 1970. He was assigned to Company E, 5th Battalion, 46th Infantry, 198th Infantry Brigade. c. On 25 December 1970, the applicant underwent an expiration term of service (ETS) examination in which he stated "since my last physical my condition has not changed." There are no wounds or any type of scars noted on the examination. Additionally, the applicant admitted that his physical condition was good and that he had reviewed his medical records. The applicant was qualified for separation. d. DD Form 214 shows he was honorably released from active duty on 25 December 1970. He was awarded: * NDSM - National Defense Service Medal * VSM - Vietnam Service Medal * CIB - Combat Infantryman Badge * ARCOM - Army Commendation Medal * VCM - Vietnam Campaign Medal * Sharpshooter Qualification Badge (M-14) * Expert Qualification Badge (M-16) e. On 22 March 2006, he was issued a DD Form 215 which deleted the VSM and added the VSM to include 3 bronze service stars, Good Conduct Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge. 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: 1. a. On 25 December 1970, the applicant underwent an ETS examination in which he stated "since my last physical my condition has not changed." There are no wounds or any type of scars noted on the examination. b. Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury and item 41 (Awards and Decorations) of this forms does not list the Purple Heart as an authorized award. 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. On 18 January 2006, the applicant was notified that the ABCMR considered his application under procedures established by the Secretary of the Army, and the application was denied. 7. 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 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the clinical medical record, dated 29 November 1970, which was provided by the applicant as part of his applicant, the Board concluded there was sufficient evidence to show that by a preponderance of the evidence, the applicant should be awarded the Purple Heart as a result of injuries incurred on 29 November 1970, in Vietnam. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Purple Heart for injuries incurred on 29 November 1970, in Vietnam. 9/17/2019 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 (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.