ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 April 2020 DOCKET NUMBER: AR20190004305 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 16 February 2019 * two Self-authored statement, undated and dated 16 February 2019 * two Standard Forms 600 (Chronological Record of Medical Care), dated 13 October 1967 and 14 December 1967 * Standard Form 519A (Radiographic Report), dated 29 March 1968 * two Standard Forms 513 (Consultation Sheet), dated 29 March 1968 * Department of Veterans Administration (now Department of Veterans Affairs) (VA) Form 21-6782 (Original Disability Compensation), undated * letter, Awards and Decorations Branch, U.S. Army Human Resources Command (HRC), dated 16 January 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He was a machine gunner for a transportation company and he was wounded twice by enemy fire. b. One of his wounds was incurred from direct enemy fire on 14 December 1967 when his convoy came under attack while he was performing convoy duty delivering ammunition and supplies to the fire base. His leg and jaw were opened up and bleeding badly. A mortar round landed next to his jeep and he was blown off the jeep. c. He was taken to the surgical hospital where he was stitched up from his wound which was in the line of duty and under enemy fire. d. In January 1968, he was sent to Dong Ha, Vietnam, near the demilitarized zone to replace another Soldier who had been wounded. The unit was supplies to a fire base and when they arrived, the unit was attacked by enemy ground fire and artillery. He was blown off a flatbed truck. A Howitzer breach block hit his ankle. He was bleeding and his ankle was fractured. e. It took a day to get him off the hill. He was treated at two hospitals and sent on to Japan for surgery. This injury was also in the line of duty and under enemy fire. f. He was told by a doctor on 28 March 1968 he would get the Purple Heart. He did not go to Vietnam for medals but he believes he deserves the award. 3. On 20 May 1966, the applicant enlisted in the Regular Army. 4. He served in Vietnam from 5 June 1967 through 4 April 1968. While in Vietnam, he participated in two campaigns while assigned to the: * 518th Adjutant General Personnel Services Company from 28 June 1967 to 18 September 1967 as a personnel specialist * 264th Transportation Company from 19 September 1967 to 4 April 1968 as a duty Soldier 5. He provided copies of: a. a Standard Form 600, with a treatment date on 14 December 1967, showing he was treated at the 2nd Surgical Hospital (Mobile Army), Vietnam. The oral surgeon's note indicated a series of x-rays were taken with a determination of no fracture. An intra oral exam also indicated no fracture. b. a Standard Form 513, dated 29 March 1968, that shows he was treated after a breach block landed on his foot, causing pain and tenderness over the lateral malleolus with swelling over both malleoli. The provisional diagnosis was anterior and posterior lateral left ankle, fractured medial and posterior malleoli. He was referred to the orthopedist at the 18th Surgical Hospital at Quang Tri (Vietnam). c. a Standard Form 519A, dated 29 March 1968, in which his radiographic report indicated, "Fractured medial and posterior malleolus with anterior supeluxation of ankle joint." 6. His records contain a copy of a medical report pertaining to his ankle injury, dated 15 April 1968 and 30 July 1968. The diagnosis stated, "Fracture, closed, medial and posterior malleolus, left ankle, no major artery or neve involvement" This document also shows his injury occurred at 1600 hours, 28 March 1968, near Hill J.J. Carol, Republic of Vietnam, when he was struck by an object while working on a Howitzer. His injury occurred in the line of duty and he was given a temporary duty restriction." 7. Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he was in a "patient" status on 4 April 1968 and assigned to the Medical Holding Detachment, U.S. Army Hospital Camp Zama, Japan. 8. Headquarters, U.S. Army Hospital Camp Zama, Japan, Special Orders Number 92, dated 14 April 1968, show he was released from the Medical Holding Detachment and transferred to the Medical Holding Detachment, Fort Dix, NJ, with a proceed on or about date of 13 April 1968. 9. On 20 April 1868, he was listed as a "patient" at the Medical Holding Company, Walson Army Hospital, Fort Dix, NJ. 10. His DA Form 20 (Enlisted Qualification Record) shows, in part, in: a. item 40 (Wounds) – no entries and b. item 41 (Awards and Decorations) – he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bars(M-14) and (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) 11. On 5 September 1969, he was honorably released from active duty. His DD Form 214 shows in: a. item 23 (Specialty Number and Title) – 71H2O, Personnel Specialist, b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16) 12. He provided a copy of his VA form 21-6782, undated, and containing an unsigned statement, "residual of fracture of left ankle 2070; 6 September 1968 rating for wound of the jaw is referred pending receipt of additional service records, which we have requested." 13. He provided a letter from the Chief, Awards and Decorations Branch, HRC, dated 16 January 2019, in which he was advised that based on the documentation submitted, the injuries to his chin and ankle did not meet the regulatory criteria for award of the Purple Heart. He was advised he could appeal to this Board. 14. His records are void of orders awarding him the Purple Heart. 15. 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 award of the Purple Heart pertaining to the applicant. 16. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. 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 : XXX :XXX :XXX 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190004305 5 1