ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 May 2019 DOCKET NUMBER: AR20180012236 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Witness statements * Witness letter, dated 23 July 2018 * Self-authored statement, dated 30 July 2018 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 AR2004105881 on 18 November 2004. 2. The applicant states he served with Company C, 3rd Battalion, 60th Infantry, 9th Infantry Division in the Republic of Vietnam from December 1966 to late April 1967. On 3 March 1967, they were on a search and destroy operation near the village of My Tho out of base camp Dong Tam. He suffered shrapnel wounds from an enemy mine detonation. He was treated in the field by a field medic. He never received the Purple Heart. His former commanding officer strongly recommended he pursue this correction. 3. The applicant was inducted in the Army of the United States on 11 January 1966. 4. His DA Form 20 (Enlisted Qualification Records) shows in item 38 (Record of Assignments) he was assigned to Company C, 3rd Battalion, 60th Infantry, 9th Infantry Division, in Vietnam from December 1966 to April 1967. Item 40 (Wounds) of his DA Form 20 shows no entries. 5. His name is not listed on the Vietnam Casualty Roster, and the available records do not contain orders awarding him the Purple Heart. 1. 6. On 10 January 1968, he was honorably released from active duty. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart among his authorized awards. 7. On 18 November 2004, the ABCMR voted to deny his request for award of the Purple Heart. 8. He provided two witnesses statements from fellow Soldiers stating he was wounded or injured in February or March 1967 while serving with them in Vietnam. 9. He provided a letter, dated 23 July 2018, from his former company commander, who states the applicant and the witnesses served under him on a search and destroy operation on 3 March 1967 when an enemy mine was detonated. He states the applicant suffered from shrapnel wounds to his right leg and did not require medical evacuation. He was treated by a field medic, and a medical evacuation tag was not written. The Soldier, through no fault of his own, was not properly awarded the Purple Heart for the wound he suffered in combat. He highly recommends this error be corrected. 10. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions, sworn statements, and medical concerns were carefully considered. The Board agreed the evidence provided is insufficient to grant relief as there is no evidence of injuries sustained during combat operations requiring medical attention. 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. 5/28/2019 CHAIRPERSON Signed by: 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) states the Purple Heart is awarded for a wound sustained while in action against an 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.