ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2020 DOCKET NUMBER: AR20180010398 APPLICANT REQUESTS: in effect, reconsideration for award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Letter, Awards and Decorations Branch, U.S. Army Human Resources Command, Fort Knox, KY, dated 30 July 2018 * B Company Roster, 1st Battalion, 20th Infantry Regiment, 1969 * DA Form 20 (Enlisted Qualification Record) * Special Order 290, Headquarters, U.S. Army Republic of Vietnam Transient Detachment, dated 16 October 1968 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Letter Orders Number 10-1289870, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 24 October 1973 * Privacy Release Consent Form, U.S. Representative dated 2 April 2018 * Permanent Orders 112-11, Support Division – St. Louis, Army Review Boards Agency, St. Louis, MO , dated 21 April 2008 * DD Form 215 (Correction to DD Form 214) * Email, Senior Constituent Relations Specialist, Military Academy Coordinator, Office of Congressman dated 8 June 2018, Subject: Request for Letter RE: (Applicant) * Email, dated 15 June 2018, subject: (Applicant) Wounded (Notarized Witness Statement) 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 AR20070004809 on 21 August 2007. 2. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – he received overseas service credit for service in Vietnam from 15 October 1968 through 14 October 1969 * item 38 (Record of Assignments) – he was assigned to Company B, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade, in Vietnam from 18 October 1968 through 7 October 1969 * item 40 (Wounds) – no entries * item 41 (Awards and Decorations) – he was awarded or authorized the – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * two overseas service bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) 3. His military records contain no medical documents showing he sustained wounds as a result of hostile action or was treated for wounds sustained as a result of hostile action. 4. His military records contain no orders awarding him the Purple Heart. 5. He was honorably released from active duty on 10 October 1969. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * two overseas service bars 6. His name is not recorded on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. 7. On 21 August 2007, the ABCMR denied his request for the award of the Purple Heart. The Board determined there was no evidence that he was wounded or injured as a result of hostile action and treated for those wounds while serving in the Republic of Vietnam. The Board, however, did determine he was eligible for awards not shown on his DD Form 214. The Board directed correction of his records to show he was awarded the: * Bronze Star Medal * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * four bronze service stars with his already-awarded Vietnam Service Medal 8. On 21 April 2008, he was issued a DD Form 215 correcting his DD Form 214 to show his service in Vietnam and the following additional awards: * Bronze Star Medal * Army Good Conduct Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar 9. On 30 July 2018, the U.S. Army Human Resources Command Awards and Decorations Branch responded to the applicant's Congressman's inquiry of 16 July 2018 concerning the applicant's desire to be awarded the Purple Heart. The Awards and Decorations Branch informed the applicant's Congressman that they could not act upon cases that have had a formal determination rendered by the ABCMR. 10. The applicant provided new evidence consisting of two email witness statements notarized on 15 June 2018: a. stated: "I was with, my Sargent [sic] (Applicant) on New Years [sic] Eve, Dec. 31, 1968 when he was injured in his arm by a landmine. We had gotten dropped off by choppers on the edge of a village in the Duc Pho area of South Vietnam (I believe it was LZ [Landing Zone], Dragon) and upon walking single file into the village, My fellow soldiers up front started stepping on land mines. 3 or 4 were injured. (Applicant) was one of them." b. stated: "I, observed my Sgt. (Applicant) being wounded in the vicinity of LZ Dragon by a landmine. We had been dropped off by helicopter outside a small village in the Duc Pho area of South Vietnam on Dec. 31, 1968 (New Years [sic] Eve). He was injured in his arm. I'm not sure which arm, now." BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that there was insufficient evidence to grant relief. The Board found no documentation within the official record showing the applicant was wounded in combat by enemy contact or as a result of hostile action, or was treated by military medical personnel. The medical records available do not indicate any wounds or scars that could have derived from a combat injury. Therefore the applicant did not meet the regulatory requirements 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. 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 672-5-1 (Military Awards), in effect at the time, provided that the Purple Heart is awarded to any member of the Armed Forces who has been wounded, or killed, or who has died or may hereafter die after being wounded in any action against an enemy of the United States; in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; as a result of an act of any such enemy of opposing armed forces; or as the result of an act of any hostile foreign force. a. For the purpose of considering an award of this decoration, a "wound" was defined as an injury to any part of the body form an outside force or agent sustained as a result of action against an enemy. A physical lesion was not required, provided the concussion or other form of injury was directly due to enemy, opposing armed force, or hostile foreign force action. b. It was not intended that such a strict interpretation of 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 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 an 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 was made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. 2. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is an entitlement and differs from all other awards. a. The Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, have been wounded, were killed, or who have died or may hereafter die of wounds received as the result of an act of any hostile foreign force. 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 below. 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 eligibility for the Purple Heart, the two critical factors commanders must consider is the degree to which the enemy or hostile force caused the wound, and was the wound so severe that it required treatment by a medical officer. d. Each approved award of the Purple Heart must exhibit all the following factors: * wound, injury, or death must have been the result of enemy or hostile act, international terrorist attack, or friendly fire * the wound or injury must have required treatment by medical officials * the records of medical treatment must have been made a matter of official Army records 3. Army Regulation 600-200 (Enlisted Personnel Management System), 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 of the DA Form 20. The date the wound or injury occurred would also be entered in item 40. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180010398 6 1