ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 August 2019

	DOCKET NUMBER:  AR20180010074


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)
* Department of Veterans Affairs (VA) Rating Decision dated 7 November 2007
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 AR20160016179 on 19 July 2018.

2.  The applicant states the Purple Heart is not shown on his DD Form 214.

3.  The applicant provided a copy of his Department of Veterans Affairs (VA) Rating Decision which shows service connection for residual scar of fragment wound (claimed as scar, left calf area) award 10 percent service-connected rating.  He also provided a copy of his DD Form 214 to show no award 

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

	a.  He was inducted into the Army of the United States on 25 August 1967.  He held military occupational specialty (MOS) 11B (Light Weapons Infantryman).

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

* item 31 (Foreign Service) shows he served in Vietnam from 16 February 1968 to 11 February 1969
* item 38 (Record of Assignments) shows he was assigned to Company E, 4th Battalion, 9th Infantry, 25th Infantry Division from 25 February 1968 to 10 February 1969, in duty MOS 11B
* item 40 (Wounds) is blank
* item 41 (Awards and Decorations) the Purple Heart is not listed as an authorized award 

	c.  On 25 August 1969, he was honorably released from active duty.  His DD Form 214 shows he completed 2 years of active service and 1 day of lost time.  His DD Form 214 also shows he was awarded or authorized:

* National Defense Service Medal
* Overseas Bars (2)
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge (M-16)
* Marksman marksmanship Qualification Badge with Machine Gun bar (M-60)
* Good Conduct Medal
* Vietnam Campaign Medal with 60 Device
* Vietnam Service Medal 

	d.  His service medical records are not available for review with this case. 

	e.  His personnel 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.  This was the proper notification procedure for injuries at the time.

	f.  His name is not shown on the Vietnam casualty listing.  This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart.

	g.  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.

	h.  On 19 July 2018, the Board determined that the evidence presented did not demonstrate the existence of probable error or injustice.  The Board denied his request for award of the Purple Heart.

4.  By regulation (AR 672-5-1 and 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:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The applicant’s contentions were carefully considered.  The evidence provided and the evidence of record is absent information showing he met regulatory guidance for entitlement to the Purple Heart.  The Board agreed the information listed in his VA record is not supported by his military record and the Vietnam Casualty Roster.  

Prior to closing the case, the Board did note his DA Form 20 shows he was awarded the Combat Infantryman Badge by the Headquarters, 25th Infantry Division; however, it was not listed on his DD Form 214, and recommended the correction is completed to more accurately depict the military service of the applicant.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20160016179 on 19 July 2018.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 25 August 1969 by adding the Combat Infantryman Badge.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding the Purple Heart.


	 
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) 672-5-1 (Awards), in effect at the time, prescribes policies and procedures for military awards and decorations, to include the Purple Heart (PH).  

	a.  The Purple Heart is limited to members of the Armed Forces of the United States (U.S.) who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded—

* in any action against an enemy of the U.S
* in any action with an opposing armed force of a foreign country in which the Armed Forces of the U.S. are or have been engaged
* while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party
* as the result of an act of any such enemy of opposing Armed Forces
* as the result of an act of any hostile foreign force

	b.  A Purple Heart is authorized for the first wound suffered under conditions indicated above.  For the purpose of considering an award of this decoration, 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, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign force action.  It is not intended that such a strict interpretation of the requirement for the wound/injury to be caused by direct result of hostile action be taken which would preclude the award being made to deserving personnel.  For example: In a case such as an individual injured while making a parachute landing from an aircraft that had been brought down by enemy fire; or, an individual injured as a result of a vehicle accident caused by enemy fire, the decision will be made in favor of the individual and the award will be made.

	c.  A wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action as described above must have been made a matter of official record.

2.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20 (Enlisted Qualification Record). This regulation stated the date of the wound or injury would also be placed in item 40.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180010074


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