ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 July 2019 DOCKET NUMBER: AR20180012473 APPLICANT REQUESTS: reconsideration of his previous request for award of the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Applicant Response Letter * Fid Aid Extracts * National Personnel Records Center (NPRC) Letter 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 AR20150016648 on 16 February 2017. 2. The applicant states since the NPRC cannot find any morning reports for the day he was wounded, he unfortunately cannot provide new evidence confirming his treatment after being wounded on 24 May 1967. He feels he should not be penalized. Other evidence was provided including an eye witness account. He provided a new argument. In the discussion section of the ABCMR response, item two, page six, it states "The criteria for the Purple Heart require the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel at the time of the wounding, and the medical treatment must have been made a matter of official record." The [ABCMR] is aware, he was awarded the Combat Infantryman Badge (CIB) for his involvement in combat on 24 May1967. Because medical personnel were not always readily available, nonmedical Soldiers had to rely heavily on their own skills and knowledge of life-sustaining methods to survive on the integrated battlefield. He used the first aid training he received and cared for his wound, remained on the battlefield fighting the enemy and afterwards went to see a medic, who cleaned and re-bandaged his wound. He provided a detailed (detailed letter enclosed in packet). 3. The applicant provides an extract of Field Manual 21-11 (First Aid for Soldiers) and appendix A (First Aid Case and Kits, Dressings, and Bandages). 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States (U.S.) on 7 December 1965. He completed advanced individual training at Fort Lewis, WA and he was awarded military occupational specialty (MOS) 05B2O (Senior Radio Operator). b. The applicant's service record is void of documentation awarding him the PH. c. His DA Form 20 (Enlisted Qualification Record) shows in: * item 22 (MOS) – 05B (Senior Radio Operator) and 11C (Indirect Fire Crewman) * item 31 (Foreign Service) he served in Vietnam from 15 September 1966 to 8 September 1967 * item 38 (Record of Assignments) shows he was assigned to * Headquarters and Headquarters Company, 3rd Battalion, 12th Infantry, 4th Infantry Division, from 15 September 1966 to 9 June 1967, in duty MOS 05B * B Company, 2nd Battalion, 12th Infantry, 4th Infantry Division, from 10 June to 8 September 1967, in duty MOS 11B d. He was honorably released from active duty on 10 September 1967. He completed 1 year, 9 months, and 4 days. His DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Good Conduct Medal * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation 5. There is nothing in several typical sources showing he was injured or wounded as a result of hostile action: * His medical records are available for review but do not indicate he sustained an injury as a result of hostile action or was treated for such injury * Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any other orders for the Purple Heart pertaining to him * His records do not contain a Western Union Telegram informing his next of kin of an injury or wound or any Army Adjutant General correspondence regarding an injury * The applicant’s name is not shown on the Vietnam casualty roster which is a compilation of casualties during the Vietnam War and is used to verify eligibility for this award * Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury 6. On 25 September 2015, the applicant requested the PH. On 16 February 2017, the ABCMR determined that the evidence presented did not demonstrate the existence of probable error or injustice. The Board determined the overall merits of the case were insufficient as a basis for correction of the records of the applicant. 7. By regulation AR 672-5-1 (Awards), 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: 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 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 (Awards), in effect at the time, prescribes policies and procedures for military awards and decorations, to include the Purple Heart (PH). a. The PH is limited to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded— * In any action against an enemy of the U.S * In any action with an opposing armed force of a foreign country in which the Armed Forces of the U.S. are or have been engaged * While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. 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. A Purple Heart is authorized for the first wound suffered under conditions indicated above. For the purpose of considering an award of this decoration, 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 above. A physical lesion is not required, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign force action. It is not intended that such a strict interpretation of the 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 as 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 a 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 is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action as described above must have been made a matter of official record. 2. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, 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 (wounds) of the DA Form 20 (Enlisted Qualification Record). This regulation stated the date of the wound or injury would also be placed in item 40. ABCMR Record of Proceedings (cont) AR20180012473 5 1