ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 20 March 2019 DOCKET NUMBER: AR20180017005 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * letter, U.S. Army Human Resources Command, Fort Knox, KY, dated 8 March 2018 * VA Form 21-4138 (Statement in Support of Claim), dated 28 March 2018 * letter, U.S. Army Human Resources Command, Fort Knox, KY, dated 21 October 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 AR20070007721 on 1 November 2007. 2. The applicant provided new arguments that were previously considered by the Board, which merit consideration at this time. 3. The applicant states: a. His hearing was severely affected while returning fire towards the enemy in Vietnam. He was medically evacuated by air to a field hospital and treated for two weeks for a broken left eardrum. b. He is asking for award of the PH for his injuries. 4. He enlisted in the Regular Army on 26 April 1965. He served in Vietnam from 15 January 1967 through 13 January 1968. 5. General Orders Number 2452, Headquarters, 1st Brigade, 101st Airborne Division, dated 1 November 1967, awarded him the Army Commendation Medal with "V" (Valor) Device for heroic action in the Republic of Vietnam on 18 August 1967. The citation stated, in part, "[Applicant's] battery was fiercely attacked with 75mm recoilless rifles and intense small arms fire. He immediately began sighting the howitzer and placing effective fire on the enemy. He remained exposed in order to more efficiently engage the enemy weapon until it was silenced." 6. His records contain a Standard Form 89 (Report of Medical History), dated 12 March 1968, which is a report of his separation physical. In section 20 (Have You Ever Had or Have You Now) he indicated "yes" for "running ears" and "hearing loss." In section 29 (Physician's Summary and Elaboration of All Pertinent Data), the examining physician noted, "Perforated [right tympanic membrane] secondary to concussion from 105 mm Howitzer. Ears ran for a while." 7. General Orders Number 3179, Headquarters, 1st Brigade, 101st Airborne Division, dated 6 July 1968, awarded him the Bronze Star Medal with "V" Device. The citation stated, in part, "At approximately 0730 hours, Battery A's position came under a heavy enemy rocket and mortar attack. Although enemy shells were falling in and around the battery area, [Applicant] remained at his post as gunner of number six section and rallied his men to action." 8. On 8 May 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the PH. 9. His DA Form 20 (Enlisted Qualification Record) shows no entries item 40 (Wounds). 10. His records show no orders awarding him the PH. 11. His name is not shown on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. 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 the PH. 13. On 1 November 2007, the Army Board for Correction of Military Records denied his application for award of the PH. The Board found there were no medical records available which showed he was wounded or treatment for wounds as a result of hostile action during his service in Vietnam. 14. He provided a statement he sent to U.S. Army Human Resources Command with his application for the PH, dated 28 May 2018, wherein he remarked: a. I was taken to a hospital and treated for my busted left eardrum. This was a result of us returning rounds to the enemy. I now have permanent hearing loss. b. The possible reason why this incident was not reported was my unit would receive rewards for no accidents. I believe this was kept quiet so the unit would continue to receive rewards. c. When I returned to my unit after two weeks, my unit had been run over with six killed and twenty three wounded. This is a possible reason why an award order cannot be found. The commander was knee-deep in reporting the casualties that had occurred and not concerned with my injuries. 15. On 21 October 2018, U.S. Army Human Resources Command denied his application based on not meeting criteria for the PH. It stated: a. Wounds or injuries received as a direct result of enemy action must have required treatment by a medical officer and been made a matter of official record. It further stated a provision of Title 10, United States Code, Section 1129, authorizes award of the PH to members of the Armed Forces who are killed or wounded in action by weapons fire while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States (friendly fire). The injury must have occurred while directly engaged in armed conflict, and the "friendly" projectile or agent must have been released with the full intent of inflicting damage or destroying enemy troops or equipment. b. Based upon his own description of the incident in question, he sustained hearing loss from the concussive waves of a U.S. Army howitzer in the Republic of Vietnam. Such an event does not meet the criteria of "friendly fire.” Army Regulation 600-8-22 (Military Awards), paragraph 2-8h(12) specifically prohibits hearing loss and tinnitus from justifying award of the PH. 16. Army Regulation 600-8-22 provides the PH 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. Hearing loss and tinnitus are cited as examples of an injury or wound which do not justify award of the PH. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions and medical concerns were carefully considered. The Board agreed regulatory guidance provides hearing loss does not entitle service members to 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 to amend the decision of the ABCMR set forth in Docket Number AR20070007721 on 1 November 2007. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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. It provides that hearing loss and tinnitus (for example, ringing in the ears) are examples of an injury or wound which clearly do not justify award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180017005 4 1