ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20180006015 APPLICANT REQUESTS: award of the Purple Heart APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Letters – (Response to Service Records Inquiries), U.S. Army Reserve Personnel Center, St. Louis, MO. * U.S. Senate - Congressional Correspondence on Award of the Purple Heart * Letter – Army Review Board Agency (Applicant’s Case Status) * Records of Medical and Dental History * Various Orders (Assignment, Marksmanship Qualification, Military Occupational Specialty, Promotion, and Reassignment) * Armed Forces Examining and Entrance Station Documents * Applicant’s Initial Request For Congressional Support * Applicant’s Service Records 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: a. He would like the Purple Heart added to his records. He started the process of looking for his records in 1987 to request for the Purple Heart for the vehicle accident he had in Vietnam. He received numerous letters back in 1995 and 1996 stating they could not locate the records of the accident and denied his request. He is resubmitting his request for the Purple Heart. b. He was driving a Jet Propellant 4 fuel truck from Saigon to a base camp south to refuel helicopters. A Vietnamese person ran in front of his vehicle, he tried to swerve but, hit the Vietnamese, hit the cement light pole and flipped the vehicle. The two and one half (2 1/2) ton vehicle had a 500 gallon tank of fuel on the rear that was not designed to carry as much weight. The fuel tank flipped over his cab and into the rice patty field. His rifle was bent from the cab being crushed and he passed out. He awoke hours later at a medical field station and was transported back to his base of Long Binh. He doesn’t recall the name of the medical field station. c. He provided original pictures of the accident with his first claim back in 1995 and doesn’t have any more photos of the accident. He has requested many times for his medical records but his field visit was mission and all treatment and reports of the accident are missing from his medical records. There has to be a safety report from the accident since he rolled over a 2 1/2 ton vehicle with 500 gallons of fuel and bent a rifle. He believes the time of the accident was March or April 1967. The location of the accident was approximately 45 minutes just south of Saigon. He believes it was called Iron Triangle. d. Please look for my safety records and receive my prior request for the Purple Heart that have the original pictures of the accident. His commanding officer (CO) at the time of the accident was CO S.S. His address is _ _ _ S. X___ St., X_____, PA 3. The applicant’s service records shows: a. He was inducted into the Army of the United States on 13 December 1965. b. He served in Vietnam with Company B and Headquarters and Headquarters Detachment, 7th Support Battalion, 199th Infantry Brigade from 23 November 1966 to 8 October 1967. c. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty and transferred to the U.S. Army Reserves on 2 October 1967. He completed 1 year, 9 months, and 20 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Army Good Conduct Medal * Vietnam Campaign Medal 4. 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. a. 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. b. 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. 5. 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. 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 events described by the applicant, the Board agreed he was injured by an accident. Regulatory guidance provides accidental injuries do not entitle members to the Purple Heart. 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 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 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006015 2 1