ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 August 2019

	DOCKET NUMBER:  AR20180009496


APPLICANT REQUESTS:  reconsideration of his previous request for award of the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* his letter to two former service members
* Member of Congress (MOC) Privacy Release Form

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 AR20150002020 on 22 September 2015.

2.  The applicant states he was wounded in Binh Chan Province (chest wound) and did not report the incident.  He has letters from two individuals who claim to be witnessed to the event.  His records failed to acknowledge the chest wound inflicted during his service and should reflect the injury and therefore award the Purple Heart.  He was unable to locate witnesses until 2017 to have them write letters on his behalf.

3.  The applicant provides the following:

* letter, dated 1 November 2009, wherein he asked two former service members to provide a note stating they were there and remember the incident when he was hit by a piece of shrapnel in the chest and thanking them both for writing back
* MOC Privacy Release Form (self-explanatory)

4.  Review of the applicant’s service record shows:

	a.  He was inducted into the Army of the United States on 2 June 1967.  After initial training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

	b.  He served in Vietnam from 7 November 1967 to 1 November 1968.  

	c.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 40 (Wounds) – no indications he was wounded in action during his period of service
* Item 41 (Awards and Decorations) – no entry for the Purple Heart

	d.  He was honorably released from active duty on 29 May 1969 and was transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 11 months, and 27 days of active, of which 11 months and 25 days was foreign service.  This forms also shows he was awarded/authorized the: 

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device 1960
* Combat Infantryman Badge
* Valorous Unit Award
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

	e.  On 22 September 2015, the ABCMR denied his request after it had determined the following:

* item 40 of his DA Form 20 was blank
* his name was not listed on the Vietnam Casualty Roster
* his claim was supported by witness statements; however, absent any official records showing he was wounded in action and treated for those wounds by military medical personnel while service in Vietnam, the statements provided were insufficient on their own to satisfy the regulatory criteria necessary for award of the Purple Heart

	f.  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.

5.  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:

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 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.  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.

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.

3.  AR 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries 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.


ABCMR Record of Proceedings (cont)	 AR20180009496


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