ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 April 2019 DOCKET NUMBER: AR20180007634 APPLICANT REQUESTS: Reconsideration of his earlier request for award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army Commendation Medal Citation * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) * DA Form 1577 (Authorization for Issuance of Awards) * Excerpt from Record of Proceedings, AR20060002468 * Congressional Correspondence * Two Responses from the Awards and Decorations Branch (ADB), U.S. Army Human Resources Command (HRC) 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 AR20060002468 on 28 September 2006. 2. The applicant states: a. He has come to the conclusion that all of the efforts on his behalf have been considered using the military expression “by the book.” He would like to thank everyone who has looked into his request. He is asking to take one last look at the plea keeping in mind that not all things happen by the book in a military action. b. This year he will be celebrating his 75th birthday. As one gets older and looks back on his life, he looks at the good and the bad and hopes that some meaning defines who one is. He is still hoping that his history in Vietnam will warrant a Purple Heart. He has also not heard or received any of the additional awards which were caused by an administrative error. c. His country has asked a lot from him and of course many others and lots who have lost their lives for our country. He is proud that he served his country. However, it took a while to be able to say that in that it was not a so called popular war. d. His background with dates as he recalls are * 1967, induction * 1967-1968, basic training * 1968-1968, advanced individual training * 1968, discharged on 12 July 1969 e. Now at the age of 73, he has thought about his life and considers himself very grateful for being American. He was born in Germany. He could have requested a deferment from Vietnam under the clause “was your father killed in a war?” His was. He died in World War II on the island which is now called Crimea. f. To the best of his recollection a lot happened in 1968. He worked at command post. He was there for a very short time being transferred. He was in the jungle covering a 50 mile radius in and around Saigon. He was always on the move it seems. But first he was sent to Bien Hoa. He was to be held and outfitted with his field gear and his rifle to the field. This is where his injury took place. It was during Tet and a rocket one evening hit his building. The blast shook the building opening a wall and throwing him across the room opening his shin wound (the picture was taken at a later date). After the incident, it appears in his records that “the applicant was treated by a medical specialist at the 2nd Battalion, 40th Artillery Aid Station, for a scrape to his lower left leg. The injury was cleaned and bandaged. The medical record does not indicate how or under what circumstances this injury occurred.” g. In closing, he would just like to say thank you for the work on his behalf. Consideration of evidence and under this clause he just wants to say a lot has happened. It was a long time ago. It was an unpopular war. He never mentioned that he was in Vietnam until about 20 years after his return. Today, however, he is proud to say that he was a Soldier and that he served his country. 3. The applicant provides: a. Army Commendation Citation, which shows he was awarded the Army Commendation Medal for meritorious service in connection with military operations against an armed hostile force in the Republic of Vietnam during the period July 1968 to July 1969 while assigned to Battery C, 2d Battalion, 40th Artillery, 199th Light Infantry Brigade. Serving as a chart operator, the applicant consistently demonstrated outstanding professionalism in accomplishing his assigned duties. b. DA Form 1577, dated 9 November 1989, which shows that he was authorized the following awards: * Army Commendation Medal * Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with “1960” Device * Marksman Marksmanship Qualification Badge with Rifle Bar c. An excerpt of the previous Record of Proceedings, dated 28 September 2006, which shows, in pertinent part: * he sustained a gash to his lower leg/shin when the shock from an enemy rocket threw him across his barracks room into a foot locker; he received treatment at the medical facility on base Long Binh * he was treated on 24 August 1968 by a medical specialist at the 2nd Battalion, 40th Artillery Aid Station for a scrape to his lower left leg; the injury was cleansed and bandaged; the record did not indicate how or under what circumstances the injury occurred d. Congressional Correspondence, dated 19 December 2016, which shows that the applicant requested assistance through his Congressional Representative for award of the Purple Heart. e. A response, dated 8 February 2017 from the X, HRC, which shows they responded to the applicant’s Congressional Representative regarding the Purple Heart. It states the regulatory criteria for the Purple Heart require it to be awarded to Soldiers who are wounded as a result of enemy action. The wound must have required treatment by a medical officer and been made a matter of official record. Official military documentation reflecting medical treatment must be provided. They reviewed the applicant’s period of service in Vietnam, but were unable to locate orders reflecting his entitlement to the Purple Heart. His name was not listed on among the known casualties of the Vietnam conflict. f. A response, dated 4 May 2018, from X, HRC to the applicant, which shows they responded to the applicant’s request for the Purple Heart. Based on the review of the documentation submitted, they noted that his request had been previously denied by the ABCMR and as the highest adjudicating authority, were unable to take further action. Any further request would need to be directed to the ABCMR. 4. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army on 13 December 1967. b. He served in Vietnam from 17 July 1968 to 16 July 1969. c. He was treated at an aid station on 25 August 1968 for a scrape on his lower left leg. He was treated with a peroxide cleansing and applied a sterile bandage. d. He was honorably released from active duty on 16 July 1969. His DD Form 214, as amended by his DD Form 215, shows he completed 1 year, 7 months, and 4 days of active service. It also shows he was awarded or authorized: * Good Conduct Medal * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal with four bronze service stars * Vietnam Campaign Medal * Marksman Qualification Badge with Automatic Rifle and Rifle Bars * Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge 5. His name is not shown on the Vietnam casualty listing. His records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action. 6. By regulation, the criteria for an award of the Purple Heart require 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, and the medical treatment must have been made a matter of official record. BOARD DISCUSSION: Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the request. 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 decision of the ABCMR set forth in Docket Number AR20060002468, dated 28 September 2006. 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. REFERENCE: Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions for awards and decorations. It states 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. ABCMR Record of Proceedings (cont) AR20180007634 5 1