ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 August 2019 DOCKET NUMBER: AR20180009918 APPLICANT REQUESTS: award of the Purple Heart APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) * General Orders Number 243, Award of the Bronze Star Medal with “V” Device * Department of Veterans Affairs Compensation Award Letter 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 AR2003099022 on 29 June 2004. 2. The applicant states he would like to be awarded the Purple Heart Medal due to the wounds that he sustained while he was in combat. He is currently service connected for grenade fragmentation on his face during the Vietnam War, but he did not seek medical help or assistance, because he was helping other fallen comrades. His medical evidence (x-rays) show fragments in his face in the left infraorbital region scar and this is the reason he is service connected with the Department of Veterans Affairs. 3. The applicant provides: a. General Orders Number 243, dated 14 January 1970, Award of the Bronze Star Medal with “V” Device. He was awarded the medal for heroism in ground combat against a hostile force in the Republic of Vietnam on 24 August 1969. It states that the applicant distinguished himself while serving as a rifleman in Company B, 1st Battalion (Airmobile), 506th Infantry, during combat operations near the A Shau Valley, Republic of Vietnam. a. b. Department of Veterans Affairs disability compensation letter dated 5 June 2018, shows his disabilities are service connected. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 8 May 1968. b. He served in Vietnam from 20 November 1968 to 14 November 1969. c. General Orders Number 243, shows he was awarded the Bronze Star Medal with “V” Device for distinguishing himself as a rifleman. He was awarded the medal for heroism in ground combat against hostile force of the Republic of Vietnam on 24 August 1969. d. He was relieved from active duty not by reason of physical disability and he was discharged honorably from the Regular Army effective 26 February 1971. His record is void of documentation awarding him the Purple Heart. His DD Form 214 shows he completed 2 years, 9 months and 19 days of net service this period. It also shows he was awarded or authorized the: * National Defense Service Medal * Bronze Star Medal with “V” Device * Air Medal * Vietnam Service Medal with 4 Bronze Service Stars * Combat Infantry Badge * Vietnam Campaign Medal with 60 Device * Meritorious Unit Citation * Good Conduct Medal * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge e. 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 1968 and 1969, failed to reveal any orders awarding him the Purple Heart for his period of service in Vietnam. 5. On 1 February 2006, the applicant petitioned the Army Board for Correction of Military Records (ABCMR) to be awarded the Purple Heart. On 2 August 2004, the Board denied his request, based on a lack of evidence in his records. 1. 6. 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: The Board considered the applicant's request, the regulatory guidance on awarding the Purple Heart, the absence of evidence in his service records substantiating that he was injured, the wound was the result of hostile action, the wound was treated by medical personnel, and the medical treatment was made a matter of official record. The Board considered the applicant's statement, his VA Compensation letter and the citation of his Bronze Star Medal w/"V" Device. The applicant provided no additional statements or unit records in support of his statement regarding a wound. After reviewing the application and all supporting documents, the Board found insufficient evidence to determine that the applicant was wounded as a result of hostile action and thus recommended denying the request for award of the Purple Heart. 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. 9/10/2019 X CHAIRPERSON Signed by: 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 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. 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 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.