ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 August 2019

	DOCKET NUMBER:  AR20180006764


APPLICANT REQUESTS:  an award of the Purple Heart and subsequent correction to his DD Form 214 (Armed Forces of the United States Report of Transfer) to reflect the change

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Service Treatment Records (STR)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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.  His DD Form 214 does not include his Purple Heart Award that was given to him in the field the day after he sustained injuries that occurred on 6 March 1968.  After being shipped from Saigon, he was sent to Japan and was transferred to Walter Reed General Hospital on 8 May 1968.  He was placed on the seriously injured (SI) list for disfigurement at 16:17 hours on 8 March 1968 and was removed 15 March 1968 at 08:00 hours.  He was shot 9 times below the waist and shot with a mortal shell in his shoulder and neck, lost his left leg and the use of his right.  His shoulder was sewn back together with wire to keep it in tack, his right femur bone was replaced with a steel rod, he cannot move his toes and he has suffered with extensive damage to his legs and thighs.    

     b.  He also suffers from Posttraumatic Stress Disorder, exposure to Agent Orange amongst other things according to the applicant and he was told that his DD Form 214 does not have a Purple Heart Award listed.  He does not remember receiving his Purple Heart Award, but he just decided to join the Purple Heart Association (Armed Forces of the United States Report of Transfer or Discharge) anyway.  

3.  The applicant provides:

	a.  DA Form 8-275-3, Clinical Record Coversheet which shows a list of his diagnoses from medical personnel describing his injuries, which occurred in the line of duty (LOD).  It also shows he was placed on the SI list for disfigurement.  In block 25, it shows he was awarded the Purple Heart on 8 March 1968. 

	b.  Medical Board Proceedings STR listed his diagnoses in the (LOD), which occurred upon his admission to the 24 Evacuation Hospital on 6 March 1968.  It also shows he was medically unfit for further military service and permanently retired. 

	c.  DA Form 199, Physical Evaluation Board (PEB) Proceedings that list the applicant’s diagnoses with a Veterans Affairs Disability Schedule.  His wounds are listed as, “due to a missile.”  His medical examination lists his diagnoses and his overall health status.

4.  A review of the applicant’s service record shows:

	a.  His service record is void of DD Form 4 (Enlistment/Reenlistment Document); however, Special Order Number 146 shows he was inducted into the Army of the United States on 28 July 1967, as an Infantryman.

	b.  He served in the Republic of Vietnam from 4 January 1968 to 9 May 1968.

	c.  On 6 March 1968, as a result from hostile fire, he sustained several injuries and was hospitalized at the 106th General Hospital and later transferred to Walter Reed Army Medical Center.

	d.  DA Form 261 (Request for Records and Official Statement of Service from the Adjutant General) shows he was retired, due to his disabilities as of 12 February 1969.

	e. The applicant was permanently retired from the active duty by reason of physical disability, under Title 10 United States Code, section 1201, on 11 February 1969 with an Honorable Discharge Certificate.  His record is void of documentation awarding him the Purple Heart.  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (Rifle M-14)
* overseas service ribbon
5.  A review of the Adjutant General's Office Casualty Division's Vietnam casualty roster shows the applicant's name as a combat casualty.  
6.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of 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 awarding him the Purple Heart for his period of service in Vietnam.

7.  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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the medical documentation, specifically the DA Form 8-275-3, dated 14 Mar 68 where it describes the WIA injuries of the applicant and the awarding of the Purple Heart, the Board concluded there was sufficient evidence to show that the applicant was previously awarded a Purple Heart for injuries incurred in Vietnam on 6 March 1968, that is not currently reflected on his DD Form 214.

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 adding the Purple Heart previously awarded to the applicant for injuries incurred in Vietnam on 6 March 1968.
	 
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.

3.  Army Directive 2011-07 (Awarding the Purple Heart), dated 18 March 2011, provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart:

	a.  Approval of the Purple Heart requires the following factors among others outlined in Department of Defense Manual 1348.33 (Manual of Military Decorations and Awards), Volume 3, paragraph 5c:  wound, injury or death must have been the result of an enemy or hostile act, international terrorist attack, or friendly fire and the wound for which the award is made must have required treatment, not merely examination, by a medical officer.  Additionally, treatment of the wound shall be documented in the Soldier's medical record.

	b.  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 Soldier’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.


ABCMR Record of Proceedings (cont)	 AR20180006764


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