ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 September 2019 DOCKET NUMBER: AR20180011885 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) * Letter from former service member * Department of Veterans Affairs (VA) rating decision letter * Five photos 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 AR20140019952 on 30 June 2015. 2. The applicant states he would like to be reconsidered for the Purple Heart Medal due to the injury he occurred while serving in Vietnam. The applicant states he received treatment for the wound in the Bien Hoa Hospital; however, his DD Form 214 and medical records did not reference his injury. 3. The applicant provides: * letter, dated 6 April 2013, wherein he asked a former service members to provide a note stating they were there and remember the incident when he was in the hospital for an injury he had received on his left shin. The former service member remembers the incident and was able to confirm his story. * letter from the Veteran Center speaking to the applicant’s character and leadership. The reason he never pursued the Purple Heart is because he faced a lot of comrades that died in combat and he never wanted to diminish their legacy. * Veterans Affairs rating reflects the wound received in combat with 0 percent rating. 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 11 August 1970. After initial training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). b. He served in Vietnam from 7 January 1971 to 3 August 1972. c. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 40 (Wounds) – no indications he was wounded in action during his period of service * Item 41 (Awards and Decorations) – no entry for the Purple Heart d. He was honorably released from active duty on 5 August 1972 and was transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 6 months, and 25 days of active, of which 6 months and 29 days was foreign service. This forms also shows he was awarded/authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device 1960 e. On 2 July 2015, the ABCMR denied his request, after it had determined the following: * item 40 of his DA Form 20 was blank * his name was not listed on the Vietnam Casualty Roster * his claim was supported by witness statements; however, absent any official records showing he was wounded in action and treated for those wounds by military medical personnel while service in Vietnam, the statements provided were insufficient on their own to satisfy the regulatory criteria necessary for award of the Purple Heart 5. A review of the Awards and Decorations Computer- Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the PH (Purple Heart) pertaining to 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 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The applicant’s contentions were carefully considered. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the applicant did not provide any new evidence sufficient to amend the previous Board’s decision to deny relief. However, the Board did determined that the evidence of record shows he received all excellence ratings for his conduct and proficiency making him eligible for the Army Good Conduct Medal (1st Award). His record also shows he was awarded the Sharpshooter Marksmanship Qualification Badge; however, it was not listed on his DD Form 214 and recommended those changes be completed to more accurately reflect his military service. 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: 1. 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. 2. However, the Board determined that the applicant was eligible for the Army Good Conduct Medal (1st Award) and qualified with the M16 as a Shareshooter and that the qualification badge were not currently reflected on his DD Form 214 and recommended both be added to this DD Form 214 to more accurately reflect his military service. 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) 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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. a. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: frostbite or trench foot injuries; 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 disorders; and/or jump injuries not caused by enemy action. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 3. AR 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be placed in item 40. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180011885 3 1