ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 April 2019 DOCKET NUMBER: AR20180007652 APPLICANT REQUESTS: the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Daily Staff Journal or Duty Officer's Log, 26 July 1969 * Witness Statement, dated 17 November 2017 * self-authored letter, dated 27 November 2017 * photographs * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 March 1970 * DD Form 215 (Correction to DD Form 214), dated 3 June 2015 * letter, computerized tomography (CT) scan, dated 6 April 2018 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(ABCMR) 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 Human Resources Command was not able to determine his eligibility for the Purple Heart because no medical documentation was provided. 3. The applicant states on his application: * the original decision to deny award of the PH was based on lack of documentation of his treatment * he has evidence from the Daily Staff Journal, page 7, item 55 * he was the patient mentioned in the journal who received a fragment wound * during triage, others were treated because they were worse off than he was * someone washed the blood off his face and left to tend to others * he took the next chopper back to Fire Support Base Currahee after that * he did not realize he had a fragment in his head until a Department of Veterans Affairs hospital read his CT scan * it is up to the Army to prove he was not wounded in Vietnam 4. On 18 March 1968, the applicant was inducted into the Army of the United States. From 10 June 1969 to 6 March 1970, he was assigned to duty in Vietnam with Company A, 1st Battalion, 506th Infantry, in military occupational specialty 11B (Light Weapons Infantryman). 5. He provided a Daily Staff Journal or Duty Officer's Log for 26 July 1969. Item 55 shows that at 1730 hours five personnel were evacuated to the 85th Evacuation Hospital. Four had ruptured ear drums and one had a fragment wound. The report does not show the names of the injured personnel. 6. Item 40 (Wounds) of his DA Form 20 does not list any wounds. 7. On 9 March 1970, he was honorably released from active duty. A review of the available military records shows no record of wounds incurred as a result of hostile action. His service medical records are not available for review. 8. The applicant provides a description of the combat action during which he states he incurred a shrapnel wound. a. He states on 26 July 1969 at around 0400, their unit was overrun by North Vietnamese sappers. They were hit so hard with explosives that he was knocked out of his foxhole and tossed in the air several feet. His ruck sack was totally destroyed and his water container was shattered. His face was full of blood and he had a concussion. X--- and a guy named John were with him. X--- has provided a statement. Since he never knew John's full name, he was unable to get a statement from him. When the incident happened, they kept on fighting until they were evacuated. He was never evaluated for injuries from the sapper attack because they needed to keep fighting. b. When he left service, he had started to have severe allergy and sinus problems. That was around 10 March 1970. He went through allergy testing, and found he was becoming allergic to what seemed to be almost everything. In March 2017, his sinuses were so bad that he could barely breathe. The results of a CT scan shoed an imbedded metallic fragment along the lateral margin of the right frontal calvarium (i.e., the front bone of the skull). This would coincide with where the blood was coming from during the 26 July 1969 incident. At the time, they didn't have time to see a medic, so he just wiped the blood away until the bleeding stopped. He attributes his deviated septum and eye problems to the fragment he got that day in 1969. He still has eye problems. 9. The applicant provides a statement, dated 17 November 2017, from X---, who states that at approximately 0400 hours on 26 July 1969, the applicant, another Soldier, and he were sleeping in foxholes when their unit was attacked by a North Vietnamese sapper unit. The attack was brutal. They lost at least six men and many more were wounded. He and the applicant were hit hard by many satchel charges. The applicant was knocked out for a time by the explosions. The applicant's back pack was destroyed and blood was all over his body and clothes. The attack lasted over an hour. Immediately after the attack, they were instructed to pick up all the North Vietnamese bodies and parts and pile them on top of the hill. They had wiped the blood off of their faces and hands, then were immediately evacuated by helicopter. They didn't have time to see a medic. 10. The applicant provided the results of his CT scan, dated 6 April 2018, which show he has a metallic fragment imbedded in his sinus cavities that may be consistent with his clinical history of injury while he was in military service. 11. Army Regulation 600-8-22 (Military Awards) 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. 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. Although the applicant in this case provided a Daily Staff Journal or Duty Officer's Log for 26 July 1969. Item 55 shows that at 1730 hours five personnel were evacuated to the 85th Evacuation Hospital. Four had ruptured ear drums and one had a fragment wound, but because the report did not show the names of the injured personnel in this incident, the Board concluded it was inconclusive to show the applicant was one fo those evacuated; especially when you take into account no injury was annotated within the military service record of the applicant. 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 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) 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) AR20180007652 0 4 1