ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 September 2019 DOCKET NUMBER: AR20180011321 APPLICANT REQUESTS: reconsideration of his previous request for award of the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 6 July 2018 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 June 1969 * DD Form 215 (Correction to DD Form 214), dated 31 March 1989 * Letter, T____ C. M____, dated 10 May 2018 * Letter, J____ M. M____, dated 10 May 2018 * Newspaper article, Bobcat Bulletin, Fourteen Hours in the Life of Four Bobcats at Katum, dated, Summer 2016 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 AR20110012170 on 3 January 2012. 2. The applicant provided new documentary evidence and new arguments that were not previously considered by the Board that warrant consideration at this time. 3. The applicant stated he was injured in Vietnam. He had shrapnel in both of his legs, a neck injury, and blood coming from his ears and mouth from the explosion. 4. On 7 June 1967, the applicant was inducted into the Army of the United States. 5. He served in Vietnam from 16 November 1967 through 9 November 1968 and he was assigned duty military occupational specialty 11B10 (Infantryman). He was assigned to Headquarters and Headquarters Company, 1st Battalion (Mechanized), 5th Infantry Regiment. 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 40 (Wounds) – no entries. b. item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar 7. On 8 July 1971, he was honorably released from active duty. His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60) * one Oversea Service Bar 8. His records are void of orders awarding him the PH. 9. On 31 March 1989, he was issued DD Form 215, which corrected his DD Form 214 for the period ending 6 June 1969. The corrections did not include award of the PH. 10. On 3 January 2012 and in ABCMR Docket Number AR20110012170, the ABCMR denied his request for award of the PH. The Board found there was no evidence in the available record and the applicant had not provided sufficient evidence showing he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action. 11. The applicant provided: a. a letter from T____ C. M____, dated 10 May 2018, stating: (1) He served with the applicant in Vietnam with 3rd Squad, 3rd Platoon, Company A, 1st Battalion, 5th Infantry Regiment (Mechanized). On December 22, 1968, their platoon was moving through the jungle to a fire base near Katum which was under attack from North Vietnamese forces. (2) They were ambushed by North Vietnamese forces and Armored Personnel Carrier (APC) Number 33 hit a land mine. The applicant was walking along side of APC 33 when it was hit and he was blown into the jungle trees. There was blood on his face, arms, and legs and he was unconscious for several minutes. By the time medics got to him he was conscious but disoriented and he had a large bump on the back of his head. (3) The medics moved on to help the more seriously wounded. The applicant never received proper medical attention and he could not hear very well and he was having trouble with his memory. b. a letter from J____ M. M____, dated 10 May 2018, stating: (1) He served with the applicant in his unit in Vietnam. On 22 December 1967, their platoon was sweeping the jungle firebase near Katum approximate to the Cambodian border. They were ambushed by North Vietnamese forces. (2) He was the driver of APC Number 33 and he hit a land mine. He was blown out the hatch and landed 30 feet from the applicant. He was knocked unconscious, broke his ear drums, and injured his back. (3) When he woke up, the applicant was unconscious and he had blood on his head and face. The applicant told him he could not see and he had a large bump on the back of his head. The medic stopped but did not have time to treat the applicant. He believes the applicant has neck and hearing problems to this day. c. a newspaper article, Bobcat Bulletin, Fourteen Hours in the Life of Four Bobcats at Katum, which narrates the details of battle incidents between Company A, 1st Battalion, 5th Infantry Regiment and North Vietnamese forces in December 1967. The article shows, in part: (1) On 22 December 1967, the applicant was seriously wounded and blown into the trees. He was conscious but dazed and probably had a concussion as well. (2) When the medic went to the applicant, the applicant was told to look after the others who were more seriously wounded. 12. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for award of the PH pertaining to the applicant. BOARD DISCUSSION: 1. After carefully reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board found no medical evidence to corroborate the statements of the applicant or his witnesses. The article he provided is labeled as being published in "Summer 2016" and appears to be based on the recollections of veterans who participated in the combat operations taking place on the date in question. 3. The Board agreed that, in the absence of any medical records or a casualty report, they could not assess, solely based on the available information, whether or not the applicant was wounded to a degree that he required treatment by a medical officer, as required by the criteria 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: Army Regulation 600-8-22 (Military Awards) provides that the PH 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 the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. a. When contemplating eligibility for the PH, 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. b. Some examples of enemy-related actions which justify eligibility for the PH are as follows: (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. (2) Injury caused by enemy emplaced trap, mine or other improvised explosive device. (3) Injury caused by chemical, biological, or nuclear agent released by the enemy. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Smoke inhalation injuries from enemy actions that result in burns to the respiratory tract. (6) Concussions (and/or mild traumatic brain injury) caused as a result of enemy-generated explosions that result in either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. c. Some examples of injuries which do not justify eligibility for the PH are as follows: (1) Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). (2) Trench foot or immersion foot. (3) Heat stroke. (4) Food poisoning not caused by enemy agents. (5) Exposure to chemical, biological, or nuclear agents not directly released by the enemy. (6) Battle fatigue, neuro-psychosis and post-traumatic stress disorders. (7) Disease not directly caused by enemy agents. (8) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. (9) Self-inflicted wounds, except when in the heat of battle and not involving gross negligence. (10) First degree burns. (11) Airborne (for example, parachute/jump) injuries not caused by enemy action. (12) Hearing loss and tinnitus (for example: ringing in the ears, ruptured tympanic membrane). (13) Mild traumatic brain injury that does not 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. (14) Abrasions or lacerations (unless of a severity requiring treatment by a medical officer). (15) Bruises or contusions (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer). (16) Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180011321 4 1