ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 






IN THE CASE OF:  BOARD DATE:  2 April 2020 DOCKET NUMBER:  AR20190003875 


APPLICANT REQUESTS:  reconsideration of his earlier request for the award of the Purple Heart (Fourth Award). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record), dated 23 March2012 (submitted a second time as part of his new application)

.self-authored statement, dated 30 January 2019

.Unclassified message, Commanding General, U.S. Army, Vietnam, dated17 December 1968

.Western Union Telefax, dated 19 December 1968

.Headquarters, 25th Infantry Division, Vietnam, General Order Number 9865,dated 20 December 1968, page one

.Unclassified message, Commanding General, U.S. Army, Vietnam, dated14 January 1969

.Western Union Telefax, dated 14 January 1969

.Headquarters, 25th Infantry Division, Vietnam, General Order Number 537, dated16 January 1969, page two

.medical and dental health record extracts, 23 ages

.DA Form 20 (Enlisted Qualification Record), page 4



FACTS: 

1.Incorporated herein by reference are military records which were summarized inthe previous consideration of the applicant's case by the Army Board for Correctionof Military Records (ABCMR) in Docket Number AR20120006850 on 16 October2012.

2.The applicant provided new documentary evidence and new arguments that werenot previously considered by the Board that warrant consideration at this time.




3.The applicant states:

a.His DD Form 214 (Armed Forces of the United States Report of Transfer orDischarge) shows he received the Purple Heart (2nd Award), but he actually received the Purple Heart (4th Award).  His DD Form 214 is missing two awards of the Purple Heart. 

b.He was wounded on four separate occasions while he was in Vietnam.

c.He received shrapnel in his back, was wounded in his left knee during firefight, lost a tooth during a fire fight, and he had a severe loss of hearing due to a fire fight.  His first wound was to his back, buttocks, and hips during a fire fight south of Cu Chi when he was on the ground and rocket propelled grenades were launched into his unit perimeter.  He still has shrapnel in his back. 

d.He was guarding a tunnel entrance during a fire fight.  Gas was released andhe did not have his gas mask on so he returned to his armored personnel carrier (APC).  Something hit his right knee and he went down. 

e.He was driving an APC and had a .50 caliber machine gun directly above himand a .60 caliber machine gun behind him.  The fire fight lasted between five to seven hours.  He could not hear anything after the incident. 

f.He was in another fire fight manning a .30 caliber machine gun and the driverof this vehicle drove into a bomb crater during heavy brush.  The driver was trying to escape weapons fire from the rear.  He (applicant) was thrown violently to the front of the vehicle and hit the hatch right behind the .50 caliber gunner, causing him to break his tooth. 

g.He requested copies of his records and at the time of submission of thisapplication, he had not received the requested records. 

4.On 9 May 1968, the applicant was inducted into the Army of the United States.

5.He served in Vietnam from 4 October 1968 to 3 October 1969.

6.He provided copies of the following:

a.Commanding General U.S. Army Vietnam, unclassified message, dated17 December 1968, which provided information for a notification to his parents advising of a fragment wound he received to the right buttocks near Binh Duong, Vietnam, while he was engaged with hostile forces during a fire fight, 

b.a Western Union Telefax, dated 19 December 1968, notifying his parents ofhis fragment wound to his right buttock on 17 December 1968 from hostile action, and 

c.Standard Forms 600 (Chronological Record of Medical Care), dated20 December 1968 through 31 December 1968, that show he was treated at the 3d Squadron, 4th Cavalry Regiment, 25th Infantry Division, dispensary for a fragment wound to his left hip received on 17 December 1968. 

7.Headquarters, 25th Infantry Division, Vietnam, General Orders Number 8965,dated 20 December 1968, awarded him the Purple Heart for wounds received inconnection with military operations against a hostile force on 17 December 1968,while assigned to C Troop, 3d Squadron, 4th Cavalry Regiment, 25th InfantryDivision.

8.He provided a copies of the following:

a.a Standard Form 519A (Radiographic Report), dated 13 January 1969, thatshows a "new fragment was evident in the right knee with new diagnosis," 

b.Commanding General U.S. Army Vietnam, unclassified message, dated14 January 1969, which provided information for a notification to his parents advising of a fragment wound he received to the right knee near Tay Ninh, Vietnam, when engaged with hostile forces during a firefight, and 

c.a Western Union Telefax, dated 14 January 1969, advising his parents of afragment wound to the right knee from hostile action. 

9.Headquarters, 25th Infantry Division, Vietnam, General Orders Number 537,dated 16 January 1969, awarded him the Purple Heart with First Oak Leaf Cluster,for wounds received in connection with military operations against a hostile force on13 January 1969, while assigned to C Troop, 3d Squadron, 4th Cavalry Regiment,25th Infantry Division.

10.He provided copies of the following:

a.a Standard Form 600, dated 17 January 1969, that shows he was treated atthe 3d Squadron, 4th Cavalry Regiment, 25th Infantry Division, dispensary for a minor abrasion on his right knee with a complain of internal pain. 

b.Standard Forms 600, showing he was treated on multiple dates between7 March 1969 through 4 April 1969, for ".50 caliber machine gun fire hearing loss from about 4 days prior with complaint of inability to hear much at all." 

c.a SF 519A, dated 8 April 1969 – showing he was given an X-ray exam forcomplaint of pain in an old wound to his right hip; a small fragment in wing of ilium. 

d.Standard Forms 600, showing on 8 April 1969, 9 April 1969, and 11 April1969, he visited the 12th Evacuation Hospital, Vietnam, for treatment of fragment wound to the wing of his ilium of his right hip. 

e.Standard Form 603 (Dental Health Record), showing on 26 November 1969and 3 December 1969, he was treated for replacement of tooth number nine. 

f.Standard Forms 600, showing between April 1969 and January 1970, he wastreated for fragment wounds and his hearing. 

g.DA Form 3349 (Medical Condition – Physical Profile Record), dated20 January 1970, showing he was placed on a medical profile for severe hearing loss in all frequencies. 

11.His DA Form 20 His DA Form 20 (Enlisted Qualification Record) shows in:

a.item 40 (Wounds) –his wounds were listed as:

.fragment wound, right buttocks, 17 December 1968

.fragment wound, right knee, 13 January 1969



b.item 41 (Awards and Decorations) – he was awarded or authorized the:

.National Defense Service Medal

.Vietnam Service Medal

.Combat Infantryman Badge

.Purple Heart (First Oak Leaf Cluster)

.Army Commendation Medal

.Republic of Vietnam Campaign Medal with Device (1960)

.2 overseas bars

.Army Good Conduct Medal



12.His records contains:

a.a Standard Form 89 (Report of Medical History), dated 20 April 1970, showinga physical examination was administered for the purpose of his separation from the Army.  This form shows in: 

(1)item 20 (Have you Ever Had or Have You Now) – he marked "yes" to:

.hearing loss

.history of head injury

.loss of memory or amnesia

.back trouble of any kind

.loss of consciousness



(2)item 33 (Have You Ever Had Any Illness or Injury Other Than ThoseAlready Noted?) – he noted: 

.nerve damage, right and left ears

.loud noise (50 caliber machine gun)

.shrapnel in back, Vietnam



(3) item 39 (Physician's Summary and Elaboration of All Pertinent Data) – the physician, Captain P____, Medical Corps, noted in his remarks: 

.shrapnel, back, Republic of Vietnam

.sensory neural hearing loss due to explosion, Republic of Vietnam



b.a Standard Form 89, dated 20 April 1970, item 74 (Summary of Defects andDiagnosis) – audiograph, deafness, partial, right (ear). 

13.On 8 May 1970, he was honorably released from active duty.  Item 24(Decorations, Medals, Badges, Commendations, Citations, and Campaign RibbonsAwarded or Authorized) of his DD Form 214 shows he was awarded or authorizedthe:

.National Defense Service Medal

.Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

.Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

.Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) andRifle Bar (M-16)

.Vietnam Service Medal

.Combat Infantryman Badge

.Purple Heart (First Oak Leaf Cluster)

.Army Commendation Medal

.Republic of Vietnam Campaign Medal with Device (1960)

.two overseas service bars

.Army Good Conduct Medal



14.His name appears twice on the Department of the Army Office of the AdjutantGeneral Casualty Division Casualty Reference Name Listing, a battle and non-battlelisting of Soldiers who were killed, wounded, sick, captured, or missing during theirservice in Vietnam, for the period 1 January 1961 through 30 June 1973,.  He waslisted as wounded by hostile forces on 17 December 1968 and on 13 January 1969.

15.On 16 October 2012 and in ABCMR Docket Number AR20120006850, theABCMR denied his application for correction of his DD Form 214 to show award ofthe Purple Heart (Fourth Award).  The Board found that the evidence of recordcontained no documentary evidence to support his contention.
BOARD DISCUSSION: 

1.The Board carefully considered the applicant’s request, supporting documents,evidence in the records, and regulatory requirements.  The Board noted the factspresented above.  The Board noted that the Purple Heart awards for wounds to hisright knee and right hip on two separate occasions was well documented.  However,the Board did not find sufficient evidence required by regulation to justify a third andfourth Purple Heart.  Based on a preponderance of evidence, the Board determinedthat there was no error or injustice in the applicant’s award of only a first and secondPurple Heart.

2.After reviewing the application and all supporting documents, the Board foundthat relief is not warranted.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XXX:XXX:XXDENY 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. 

X CHAIRPERSON

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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It provides that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record. 
 
 a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: 
 
  (1)  Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. 
 
  (2)  Injury caused by enemy-placed trap or mine. 
 
  (3)  Injury caused by enemy-released chemical, biological, or nuclear agent. 
 
  (4)  Injury caused by vehicle or aircraft accident resulting from enemy fire. 
 
  (5)  Concussion injuries caused as a result of enemy-generated explosions. 
 
  (6)  Mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. 
 
 b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: 
 
  (1)  Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). 
 
  (2)  Trench foot or immersion foot. 
 
  (3)  Heat stroke. 
 
  (4)  Food poisoning not caused by enemy agents. 
 
  (5)  Chemical, biological, or nuclear agents not released by the enemy. 
 
  (6)  Battle fatigue. 
 
  (7)  Disease not directly caused by enemy agents. 
  (8)  Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. 
 
  (9)  Self-inflicted wounds, except when in the heat of battle and not involving gross negligence. 
 
  (10)  Post traumatic stress disorders. 
 
  (11)  Airborne (for example, parachute/jump) injuries not caused by enemy action. 
 
  (12)  Hearing loss and tinnitus (for example: ringing in the ears). 
 
  (13)  Mild traumatic brain injury or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function. 
 
  (14)  Abrasions and lacerations (unless of a severity to be incapacitating). 
 
  (15)  Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer). 
 
  (16)  Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). 
 
  (17)  First degree burns. 
 
 c.  A Purple Heart is authorized for the first wound suffered under conditions indicated above; an oak leaf cluster is awarded to be worn on the medal or ribbon for each subsequent award.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. 
 
//NOTHING FOLLOWS//