ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  24 May 2019

	DOCKET NUMBER:  AR20190002647


APPLICANT REQUESTS: award of the Purple Heart. 


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Records)
* Two sworn witness statements
* Two letters to his Member of Congress

FACTS:

1.  The applicant states that on 22 May 1967 during a battle with North Vietnamese troops he was wounded in action.  He sought medical treatment at the aid station/hospital where he was triaged.  He was told that he had a superficial wound to the right side of his face due to a piece of shrapnel from a rocket propelled grenade that had hit the bunker.  He states he was told by the triage staff that he would be okay and to report back to his unit.  He states at the medical aid station he was told only those who were critically wounded would receive treatment.  No record was made of his injury and treatment so he did not receive the Purple Heart for his wounds at that time.  In talking with fellow Veterans, he found support from them because they thought he had already received it.  

2.  The applicant was inducted into the Army of the United States on 1 December 1965.  He was trained in and served as an infantryman.

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

* Item 31 (Foreign Service) – Service in the U.S. Army Pacific – Vietnam from 15 September 1966 to 5 September 1967
* Item 38 (Record of Assignments) – Company A, 3rd Battalion, 12th Infantry, 4th Infantry Division  
* Item 40 (Wounds) – does not contain an entry  
* Item 41 (Awards and Decorations) – National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Rifle Bar

4.  A review of the Vietnam Casualty Roster failed to show the applicant was wounded in action and treated for those wounds. 

5.  On 6 September 1967 the applicant was honorably discharged and transferred to the U.S. Army Reserve.  He had completed 1 year, 9 months and 6 days of active federal service with 11 months and 21 days of foreign service.  Item 24 (Decorations, Medal Badges, Commendations, Citations and Campaign Ribbons Awarded and Authorized) shows he received the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 

6.  The applicant provided the following evidence:

     a.  A sworn statement from Mr. _ ______, dated 14 July 2017, who states he served with the applicant in the Republic of Vietnam from 1966 – 1967.  They both served in Company A, 3rd Battalion, 12th Infantry and he held the rank of sergeant/pay grade E-5.  He attests to the fact that the applicant was wounded in a combat situation on 22 May 1967 when their company was attacked and involved in an intense fire fight.  The applicant was wounded in the face cheek.  He states another Soldier was wounded in action and their lieutenant was killed in action.  All three were in the same bunker.  

     b.  A sworn statement from Mr. ______ who also states he served with the applicant and was in the same unit serving in the Central Highlands of the Republic of Vietnam.  He attests to the fact he was in a foxhole with the applicant and two other Soldiers.  After the action was over, he looked around and got out of the hole and saw the applicant’s face was bleeding.  He had been hit with several pieces of shrapnel.  He was also injured during the same blast and he received a Purple Heart for his wounds.  He concludes by stating the applicant deserves the Purple Heart.

     c.  A letter from the U.S. Army Human Resources Command (AHRC), Awards and Decorations Branch to the applicant’s Member of Congress concerning the Purple Heart.  The AHRC reviewed all available documents and additional resources available to their office and were unable to verify the applicant’s entitlement to the Purple Heart.  The author cites regulatory and statutory criteria governing the award stating those Soldiers who are wounded in action as a result of the enemy and received medical treatment by a medical officer that is documented in medical service treatment records are entitled to the Purple Heart.  A review of all known sources to include causality rosters failed to show the applicant was wounded in action and treated for his wound.  The representative from AHRC provided the Congressman with a handout detailing the documentation required to process a retroactive request for the Purple Heart.  He stated, "Please note, we will be unable to take favorable action if medical documentation reflecting [the applicant’s] treatment by a medical officer for wounds incurred due to enemy action cannot be provided."  In conclusion, he stated that not all injuries incurred in combat qualify a Soldier for award of the Purple Heart such as lacerations or abrasions which are not incapacitating do not meet the qualification criteria for the Purple Heart.  

     d.  A second letter to his Congressman from AHRC, Awards and Decorations Branch, dated 13 February 2019, states AHRC still remains unable to authorize the Purple Heart to the applicant based on a lack of medical evidence showing he was wounded in action and treated for his wounds by a medical officer.  The AHRC did acknowledge receipt of two new sworn statements from the applicant; however, without the required medical documents the office could not take favorable action. 

7.  By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded because of enemy action, the wound required treatment by medical personnel, and the treatment was made a matter of official record.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documentation and evidence in the record.  The Board discussed the sworn statements provided by the applicant and found them to be compelling.  Despite the absence of medical documents, the Board determined that, by preponderance of evidence, the applicant was entitled to award of the Purple Heart.  Further, the Board concurs with the corrections reflected in the Administrative Note(s) below.

2.   After reviewing the application and all supporting documents, the Board found the relief was warranted.
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, in addition to the administrative corrections noted below, all Department of Army records of the individual concerned be corrected by amending his DD Form 214 for the period of service ending 6 September 1967 as follows:
1. Award him the Purple Heart for wounds received on 22 May 1967 and;
2. Add 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):

A review of the applicant's records shows he is authorized additional awards not listed on his DD Form 214.  As a result, amend his DD Form 214 with an effective date of 6 September 1967 by deleting the Vietnam Service Medal and then adding the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

REFERENCES:

1.  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 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.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a prerequisite, but is not sole justification for award.

   b.  Paragraph 2-8h provides examples of injuries or wounds which clearly do not justify award of the Purple Heart, such as abrasions and lacerations (unless of a severity to be incapacitating) and bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer).  

2.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation states for item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service.  Check the Soldier's records for validity of awards.


ABCMR Record of Proceedings (cont)	 AR20190002647


5


1