ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2019 DOCKET NUMBER: AR20180004568 APPLICANT REQUESTS: reconsideration of his two prior requests for award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs Rating Decision, dated 11 February 2013 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 AR20120013223 on 7 February 2013 * Docket Number AR20130019524 on 24 June 2014 2. The applicant stated during his hospital stay, there was a General officer who was going through the ward giving Purple Hearts to the wounded. He was at the end of the room and when he got to him he shook his hand apologized for not having any awards left; but he assured him that his Purple Heart would be waiting for him at Fort Lewis, WA. The General's Aide took the applicant's information prior to them leaving the ward. When he got to Fort Lewis there was no Purple Heart. He has been trying for years; to get the Purple Heart that he was told he would receive. He has an Army Commendation Medal with “V" for combat action on 16 July 1969. 3. The applicant provided no new documentation. He provided his previous Department of Veterans Affair Rating Decision which states his injury was from the shrapnel of an American grenade being used for a booby trap and not hostile action. 4. Review of the applicant’s records shows a. He was inducted into the Army of the United States on 25 September 1967. b. He served in Vietnam from 20 February 1969 to 19 February 1970. He was assigned to Company B, 4th Engineer Battalion, 4th Infantry Division and served as a 62L (Tractor Operator). c. His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments) there is no record of the applicant being hospitalized * item 40 (Wounds) no entries listed * item 41 (Awards and Decorations) no Purple Heart listed d. He was awarded the Army Commendation Medal with V Device for heroism on 9 March 1969. The award does state he helped extract wounded personnel, but it does not state he was wounded himself. e. He was honorably released from active duty on 20 February 1970. Block 24 (Decorations, Medals, Commendations Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award or authorization of the Purple Heart. 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: a. His complete medical records, which would have listed any injuries and treatment of such injuries, are not available for review with this case. b. 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. c. 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. a. 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. b. On 7 February 2013 and 24 June 2014, the Board considered his case but found no evidence to support award of the Purple Heart. The Board denied his request. 6. 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 found relief was not warranted. The applicant’s contentions were carefully considered. He provided no evidence to support his request, and his record is absent any evidence of the same. The Board agreed not to amend the previous Boards’ decisions to deny relief as there is no information that shows he met regulatory guidance for entitlement to the Purple Heart. 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 Docket Number AR20120013223 on 7 February 2013, and Docket Number AR20130019524 on 24 June 2014. 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) AR20180004568 4 1