ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 September 2019 DOCKET NUMBER: AR20180003371 APPLICANT REQUESTS: A partial reconsideration of his previous request for the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Self-authored letter, dated 30 January 2018 * Letter from National Personnel Records Center (NPRC), dated 8 December 2017 * VA Form 07-3101 (Request for Information) * Report of contact, dated 12 June 1975 * VA Form 10-7131 (Exchange of Beneficiary Information and Request for Administrative and Adjudicative Action), dated 19 June 1986 * VA Form 21-6796 (Rating Decision), dated 26 June 1974 * Rating decision continuation sheet, 18 April 1980 * Medical document (difficult to read) * Special Orders (SO) Number 274, dated 1 October 1962 * SO Number 238, dated 16 October 1962 * Medical record page, 23 September thru 21 December 1965 * Excerpt of VA rating review board, dated 30 June 1976 * Rating decision, dated 26 June 1974 * Multiple medical documents from multiple time periods 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 AR20150016692 on 21 March 2017. 2. The applicant states in effect, a letter from the NPRC has confirmed that all of his medical records had been previously sent to the Veterans Administration (VA). Moreover, evidence from the VA clearly confirms the VA received his original medical records in 1975, then in 1986 the VA lost all of his record and never recovered them. a. He was never able to request a Purple Heart for Korean service wounds due to the fact his Korean service was never entered on his DD Form 214, and not confirmed until his first request for corrections. Due to the fact the VA lost all of his medical records, all evidence of his entitlement for a Purple Heart can only be determined by referencing exhibits of VA statements, interviews and rulings that directly reference or excerpt what was written in his lost military health records. In many cases the VA quoted precisely or paraphrased what was found in his lost military health records in its archived documents about his disability applications. b. The VA had already determined via his lost records prior to them being lost that his wounds and injuries were service related. He asks for this reconsideration exclusively in the interest of justice and the facts he sincerely believes he is entitled to receive the medal. The VA excerpted verbatim, on several occasions, in documents produced and signed by VA doctors and review boards, the specific contents of his original military health records. These agencies irrefutably prove his claimed injuries and wounds were service related and were as a result of hostile file. c. He also makes reference to the previous Record of Proceedings being incorrect in fact on several occasions. He could not have applied to the Purple Heart for his Korean service because his Korean service was omitted. In December 1968, he was hospitalized in the Vung Tau, Vietnam, at the 36th Evacuation Hospital for about 3 weeks. He was medically evacuated from Can Tho to that Vung Tau Hospital. His name was misspelled three different ways while he was a patient in that hospital. He contends that previous illegible documents are now legible which shows his reasons for being hospitalized. d. It was erroneously stated in the statement of the case he was awarded 100% service connected disability exclusively for a heart attack - yet his heart attack did not occur until 2014 and he was awarded 100% disability for service connected injuries and wounds in 1998. Had the VA not lost his original military service health records none of these issues would have been in question. It is not his fault the VA lost them. Also had the Army not misspelled his name with at least three different misspellings when he was attacked by a grenade in Can Tho then immediately medically evacuated to the 35th Medical Evacuation Hospital in Vung Tau, then again, the reasons for his hospitalization would not be unknown. It was not his fault the Army misspelled his name with three different misspellings when he was medically evacuated to the 35th Medical Evacuation Hospital. He has injuries from Korea and Vietnam that cannot be proven due to misspellings of his name and lost records. 3. The applicant provides: a. Self-authored letter, dated 30 January 2018 addressed above. b. Letter from NPRC, dated 8 December 2017 stating his records are with the VA. c. VA Form 07-3101 (Request for Information) showing the VA received 4582 (Med Records) but need more. Also no additional medical records on file. d. Report of contact showing the veteran presented to VBL (unknown acronym) original copy of his medical record. e. VA Form 10-7131, 19 June 1986 showing after a thorough search they were unable to locate records for the applicant. f. VA Form 21-6796, dated 26 June 1974 showing he was rated 10% for lumbosacral strain with traumatic arthritis, 10% for hiatal hernia, 0% for chronic prostatitis for a combined 20%. g. Rating decision continuation sheet, dated 18 April 1980 showing his hiatal hernia increased from 10% to 30% and his combined rating increased from 20% to 40%. h. Medical document which is difficult to read however portions state stomach operation, something that started in 1964, back strain and concussion March year illegible, mononucleosis February 1969. i. SO Number dated 1 October assigning him to Korea. j. SO Number dated 16 October further assigning him to Headquarters Company 1st Battle Group, 31st Infantry. k. Medical record page showing from 23 September 1965 until 21 December 1965 at Kirk Army Hospital visits for what appears to be back issues. l. Excerpt of VA rating review board, dated 30 June 1976 showing a board was conducted on said date. m. Rating decision, dated 23 January 1976 showing additional service medical records received on 16 July 1975 showed veteran had a history of trauma to low back in Korea. n. Multiple medical documents from multiple time periods showing he had an injury to his lower back. Applicant says injury came from being thrown from a mountain in Korea. o. VA letter, dated 12 May 1998 showing the applicant has 100% service connected disabilities. p. VA Letter, dated 31 July 2006 stating his overall combined rating is 100% q. More medical document excerpts from different time periods requesting for physical examination for disability. 4. A review of the applicant’s service records shows the following: a. The applicant served in the U.S. Marine Corps prior to his enlistment in the Regular Army on 18 June 1962. b. His DA Form 20 (Enlisted Qualification Record) shows the following: * Item 31 (Foreign Service) he completed overseas assignments in Korea from 1 October 1962 to 11 November 1963, France from 4 July 1966 to 17 July 1967, Germany from 18 July 1967 to 16 February 1968, and Vietnam from 24 February 1968 to 18 May 1969 * Item 38 (Record of Assignments) does not show an entry indicating he was hospitalized in a patient status * Item 40 (wounds) does not contain any entries indicating he was wounded in action or the date of any wound related to hostile fire * Item 41 (Awards and Decorations) does not contain an entry for the Purple Heart c. His service record does not include orders which show he was awarded the Purple Heart. A letter from US Army Reserve Personnel Center issued a letter dated 22 August 1986 stating he was not verified for entitlement to the Purple Heart. d. 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. e. 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. f. 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. g. He was honorably discharged him on 20 January 1970. The DD Form 214 issued for this period shows the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Armed Forces Expeditionary Medal * Army Good Conduct Medal (1st Award) * Army Commendation Medal h. His DD Form 215 (Correction to DD Form 214) issued on 21 December 2010 amended item 22c (Foreign and/or Sea Service) on his DD Form 214 for the period ending 20 January 1970 to show 2 years and 10 months of foreign service. i. On 27 March 2017, the applicant was notified that the ABCMR considered his application and the application was granted partial relief was granted. As it pertains to the Purple Heart Medal it was denied. j. DD Form 215 issued on 4 April 2017 amended item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) for the period ending 20 January 1970 deleting Vietnamese Service Medal and adding: * Korea Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle M14 and M16 bars * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 5. By regulation Army 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 medical 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 found relief was not warranted. The applicant’s contentions were carefully considered. Based upon the preponderance of the evidence, the Board agreed there is still no clear cut information showing he was involved in an incident meeting regulatory guidance for entitlement to the Purple Heart. There is insufficient evidence to amend the previous Board’s decision. 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 to amend the decision of the ABCMR set forth in Docket Number AR20150016692 on 21 March 2017. 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) 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. 3. 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. 4. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180003371 7 1