ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 30 April 2019 DOCKET NUMBER: AR20190000265 APPLICANT REQUESTS: award of the Purple Heart for wounds he sustained in the Republic of Vietnam on 10 April 1970. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter from U.S. Army Human Resources Command, Awards and Decorations Branch to applicant’s Member of Congress, dated 25 April 2018 * Sworn Witness Statement of Mxxxx F. VxxCxxxx, dated 17 November 2015 * Personal Statement of Applicant, undated * DD Form 1380 (U.S. Field Medical Card), dated 10 April 1970 FACTS: 1. The applicant states he was wounded on 10 April 1970 by hostile fire and his injury did require treatment by a medical officer. The medical officer sent him a sworn statement verifying the medical treatment. The treatment was medically necessary. He states, they were under fire and trying to escape. During this chaotic period (casualty) cards were not turned in (to higher headquarters). 2. The applicant was inducted into the Army of the United States on 7 July 1969. 3. A review of the applicant’s DA Form 20 (Enlisted Qualification Record) contains the following pertinent entries: * Item 31 (Foreign Service) – 22 December 1969 to 21 November 1970 in the Republic of Vietnam * Item 40 (Wounds) – is blank * Item 41 (Awards and Decorations) – does not contain an entry for the Purple Heart 4. On 14 July 1971, he was honorably released from active duty in the rank/grade of specialist four/pay grade E-4. He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing he served 2 years of active service with 11 months of foreign service in the U.S. Army Pacific. His awards, decorations, medals and campaign ribbons do not include the Purple Heart. 5. A 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, revealed no award orders for the applicant pertaining to the Purple Heart. 6. The applicant’s name is not within the Vietnam Casualty Roster. 7. Within his official military personnel file is a copy of a letter from the U.S. Army Human Resources Command, Awards and Decorations Branch, dated 29 April 2014, informing the applicant’s Member of Congress they could not verify the applicant’s entitlement to the Purple Heart. They said the criteria for award of the Purple Heart requires it to be awarded for wounds or injuries received as a direct result of enemy action. The wounds must have required treatment immediately after or close to the event and been made a matter of official record. The injury may have been treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the Soldier’s medical record that the extent of the wounds was such that they would have required treatment by a medical officer, if one had been available to treat them. 8. The 29 April 2014 letter did administratively correct his DD Form 214 by issuing a DD Form 215 (Correction to DD Form 214) to show all his authorized awards, service medals and service ribbons authorized by orders or Army regulations including the Bronze Star Medal. 9. The applicant provided a copy of a second letter to his Member of Congress from the Awards and Decorations Branch wherein they could not verify his entitlement to the Purple Heart. Within the letter, the staff does acknowledge receipt and review of a U.S. Field Medical Card, dated 10 April 1970 which notes he received a pressure dressing for a fragment wound resulting from hostile fire. The staff member stated, “While the information provided is helpful, we still cannot conclusively determine whether this injury necessitated treatment by a medical officer.” Therefore, they were unable to properly assess the merits of his case. He was advised to seek relief through the Army Board for Correction of Military Records. 10. The applicant provided a DD Form 1380 copied onto of a Standard Form 600 (Health Record – Chronological Record of Medical Care) showing he was “on brake” when he received a fragment wound due to hostile fire on the right side of his back. The treatment provided was a pressure dressing. The card does not contain a legible signature or printed name of the medical official who provided treatment. 11. He provides a sworn statement from Marvin F. VxxCxxxx dated 16 November 2018 who states he was the field medic that removed shrapnel from the applicant and dressed the wound while serving in the Republic of Vietnam on 10 April 1970. He states he completed the U.S. Field Medical Card and it is his initials on the bottom of the card. 12. He provides a second statement wherein he lists two former Soldiers and their personal mailing addresses whom he claims were also present when he was injured. He implies through his statement that members of the staff of the Board or the Board itself should contact the witnesses in support of his contention. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions and witness statements were carefully considered. Based upon the preponderance of evidence, the Board agreed the applicant is entitled to the Purple Heart as his medical evidence shows he was wounded by enemy forces and received medical treatment from a medic. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds caused by enemy forces on 10 April 1970, and adding the Purple Heart to his DD Form 214. 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: 1. Army Regulation 600-8-22 (Military Awards) prescribes the policy, criteria, and administrative instructions concerning individual and unit military 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 officer, and the medical treatment must have been made a matter of official record. Announcement in orders is required. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. Regarding award and decorations, it stated all decorations, service medals, campaign credits, and badges awarded or authorized would be reflected. The source document was the DA Form 20 and award orders. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that 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 is not an investigative body of the Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000265 4 1