ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 August 2019 DOCKET NUMBER: AR20180011504 APPLICANT REQUESTS: reconsideration of his previous request to be awarded a Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Electronic Mail and Statement from veteran XXXXXXX * Army Board for Correction of Military Records (ABCMR) Denial Letter, dated 15 May 2013 * Medical Records, The Department of Veterans Affairs (VA) (8 pages) 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 AR20120018231 on 7 May 2013. 2. The applicant states he never received his Purple Heart he gave up, but now he would like a Purple Heart issued. 3. The applicant provides: a. Electronic mail log, dated 14 June 2013, from a veteran XXXXXXX that found a notation from 11 May 1970, in a pocket notebook he was carrying that day in Cambodia. It reads as follows: “11 May 70, B Company (CO) report (rept) 1 killed in action (KIA) and 1 wounded in action (WIA), D Co communication section (commo sec) 1 WIA (Hall or Hale)”. He states the applicant’s name should have been on Purple Heart orders, but it got lost, he was not surprised. He would be happy to report this information if the applicant was putting in a claim. He contacted the Veterans of Foreign Wars in Mineral Wells, TX to send a certificate to help. Dutch states he has many photographs taken in Cambodia that may be able to verify some of the applicant’s memories to help him with evaluation of his claim. b. Letter, dated 17 June 2013, from XXXXXXXXXX, that certifies he served with the applicant during the Vietnam War as operations officer for 2nd Battalion, 27th Infantry (Wolfhounds), 25th Infantry Division and that the following is a true and accurate record of a notation extracted from a pocket notebook he was carrying during a military operation in Cambodia during May 1970. He believes the notation refers to a wound sustained by the applicant at the hands of the enemy on “11 May 1970: B Co rept 1 KIA, 1 WIA, B Co FO (Field Officer) WIA (knee), D Co commo sec 1 WIA (Hall or Hale?)” c. ABCMR denial letter, dated 15 May 2013, which stated based on the evidence presented (two pages of a VA examination) did not demonstrate the existence of a probable error or injustice. Therefore the Board determined the overall merits of the case were insufficient as a basis for correction of the records. d. VA medical records, dated 3 May 2018, show he was involved in an accident in Vietnam in 1969 which resulted in 7 foreign bodies in his left gluteous that were subsequently removed, since that time the applicant has been able to feel a nodule in left gluteous which occasionally increased in size filled with pus and causing significant pain. The physician scheduled him for excision of the mass and the applicant thinks it was a lipoma or foreign body due to Agent Orange exposure. 4. A review of the applicant’s service records shows: a. He was inducted on 20 February 1969, into the Army of the United States. b. He served in Vietnam from 18 July 1969 to 15 July 1970; he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 27th Infantry, 25th Infantry Division and he held the military occupational specialty 31G (Communications Chief). c. His available records contain no documentation of wounds or injuries incurred during his service in Vietnam. His name is not shown on the Vietnam casualty roster, and Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries. d. His records do not contain an official Army notification or a Western Union telegram notifying his next of kin of an injury. This was a normal notification procedure during the Vietnam War. e. On 19 February 1971, he was released from active duty honorably. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart. It shows he completed 2 year of active service, 11 months and 28 days of foreign service in Vietnam from 18 July 1969 to 15 July 1970. It also shows he was awarded or authorized: * National Defense Service Medal * Bronze Star Medal * Vietnam Campaign Medal with 60 Device * Army Commendation Medal with 1 Oak Leaf Cluster * Republic of Vietnam Civil Action Medal * Vietnam Service Medal with 3 bronze [service] stars * Air Medal * Marksman Marksmanship Qualification Badge with .45 caliber Pistol * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) f. On 12 January 1973, he received a letter of commendation issued by the United States Army Transportation Activity, Japan complimenting the applicant on his hard work and magnificent contribution to a team effort operation with the B Company, Maintenance Battalion. g. On 17 January 1973, he requested to be released early from the Armed Forces to accept employment with a civilian employer. The separation authority approved his request on 21 January 1973. h. On 26 February 1973, Special Orders Number Extract 57 issued by Headquarters, U.S. Army Base Command Okinawa shows he was transferred to the transfer point for separation processing under the provisions of Army Regulation (AR) 635-200, (Personnel Separation – Enlisted Personnel) paragraph 5-21. i. On 1 February 1975, he was discharged honorably from the U.S. Army Reserve under the provisions of AR 135-178 (Army National Guard and Army Reserve – Separation of Enlisted Personnel) for expiration of term of service. On 23 May 1977, he was discharged from the Standby Reserve honorably. j. The applicant petitioned to the ABCMR requesting the Purple Heart. The ABCMR, after considering his case on 7 May 2013, denied his request 5. A review of the Awards and Decorations Computer-Assisted Retrieval Systems, an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart for the applicant. 6. 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 7. By regulation (AR 15-185), the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases on the evidence of record; it is not an investigative body. 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 to amend the decision of the ABCMR set forth in Docket Number AR20120018231 on 7 May 2013. 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) 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 under any of the following circumstances: * 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 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. The key issue commanders must take into consideration when contemplating an award of this decoration 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 sole justification for award. c. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot * 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 disorder * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * mild traumatic brain injury 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 * abrasions and lacerations (unless of a severity to be incapacitating) * bruises or contusions (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth) first degree burns //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180011504 7 1