ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 April 2020 DOCKET NUMBER: AR20190006566 APPLICANT REQUESTS: a. correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and b. a personal appearance hearing. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 21 February 2019 * Self-authored Statements, dated 5 January 2019 * two Standard Forms 600 (Chronological Record of Medical Care), dated 23 May 1967 through 10 February 1968 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 should have been awarded the Purple Heart for injuries incurred. b. His medical records from Vietnam describe injuries he sustained, but they do not mention how the injuries occurred. Medical personnel did not request where or how the injuries occurred; they only attended to his injuries. c. During the night of 23 May 1967, a group of Engineers from the 572nd Engineer Company and 577th Engineer Battalion were attacked while waiting for evening chow probably by the Viet Cong. The Viet Cong opened attack with small arms and hand grenades. About 15 grenades exploded within the mess tent and surrounding area. One grenade landed between him and a truck and a second grenade landed in the bed of the truck. The grenade explosion caused many things to fly in the air and drop on his lower leg and foot. His left foot and toes took the brunt of the weight which dropped. d. He went to the 91st Evacuation Hospital for treatment, but the hospital staff were very busy with injured Soldiers. X-rays were taken and nothing was broken but his big toe had a large hematoma and had to have a hole drilled into his toenail to relieve blood; his foot was bandaged. Medical personnel advised him to go back to unit and return the next day, but he never returned. He was out for couple of days and he was told he would receive a Purple Heart, but he was never given the medal. e. His medical records, dated 23 May 1967, from the 91st Evacuation Hospital were probably never forwarded. f. On the night of 16 June 1967, the Viet Cong hit wire with mortar and small arms. He was hit on his steel pot helmet with shrapnel or a bullet. He was knocked off his feet and he was semi-conscious for about 10 minutes. Once he was conscious enough to realize what was happening, he retrieved his weapon and helmet and he returned to help his unit engage the enemy. g. He reported to his platoon sergeant after the firing and mortar attack stopped and he was sent to the 91st Evacuation Hospital for an evaluation by a medic. He had a bad headache and he had difficulty walking. He also had scratches and small shrapnel in his right hand and back. His helmet was ruined from bullets or shrapnel. He brought his helmet home and he was told about the Purple Heart, but nothing was given. 3. Sufficient evidence is contained in his records to administratively correct his DD Form 214 to show the following awards without Board action: * Army Good Conduct Medal (1st Award) * two additional bronze service stars to his previously-issued Vietnam Service Medal with on bronze service star * Korea Defense Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 4. The Board will consider his request for award of the Purple Heart. 5. The applicant enlisted in the Regular Army on 28 December 1965. 6. He served in Korea during the period 18 November 1966 to 6 March 1967 and he was assigned to the 55th Ordnance Company. He also he served in Vietnam from 7 March 1967 to 2 March 1968. While in Vietnam, he participated in three campaigns and he was assigned to the 572nd Engineer Company. 7. His DA Form 20 (Enlisted Qualification Record) shows the following: a. item 38 (Record of Assignments) – no entry indicating he was in a patient status or transferred to a hospital and, b. item 41 (Awards and Decorations) – * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * National Defense Service Medal * Republic of Vietnam Campaign Medal with device (1960) * one overseas service bar * Armed Forces Expeditionary Medal 8. He provided copies of two Standard Form 600: a. covering the period 23 May 1967 to 20 October 1967 that shows: (1) he was treated at the 91st Evacuation Hospital Dispensary on 23 May 1967 and the document noted the applicant dropped a heavy object on his foot; x-rays revealed no fracture and hematoma in right big toe, (2) on 16 June 1967, he was treated at an aid station but no diagnosis or symptoms were noted, and (3) on 10 October 1967 and 20 October 1967, he was treated for pain on the left side of his groin. b. covering the period 18 January 1968 to 10 February 1968 showing he was treated for warts during this period. 9. Headquarters, U.S. Army Ninth Field Artillery Missile Group, General Orders Number 48, dated 16 December 1968, awarded him the Army Good Conduct Medal (First Award) for the period 28 January 1965 to 17 December 1968. 10. On 17 December 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * two overseas service bars * Armed Forces Expeditionary Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with one bronze service star * Sharpshooter Marksmanship Qualification Badge with Rifle Bar? 11. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 12. His records are void of evidence showing he was injured as a result of hostile action. 13. His name is not listed 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: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. 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 award of the Purple Heart and thus recommended denying the request. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : XXX :XX :XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows was authorized the following awards not listed on his DD Form 214: * Army Good Conduct Medal (1st Award) * two additional bronze service stars to his previously-issued Vietnam Service Medal with one bronze service star * Korea Defense Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation ? 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 Army Board for Correction of Military Records (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. a. 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 medical personnel, and the medical treatment must have been made a matter of official record. (1) A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. (2) A medical professional is defined as a civilian physician or a physician extender. Physician extenders include nurse practitioners, physician assistants, and other medical professionals qualified to provide independent treatment to include Special Forces medics. Medics such as combat medics (military occupational specialty 68W) are physician extenders. (3) A medical officer is defined as a physician with officer rank and include an Army officer of the medical corps, U.S. Navy officer of the medical corps, and an officer in the U.S. Air Force designated as a medical officer. b. Additionally, treatment of the wound will be documented in the service member’s medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member’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 provide treatment. c. 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. d. Some examples of enemy-related actions which justify eligibility for 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 emplaced trap, mine or other improvised explosive device. (3) Injury caused by chemical, biological, or nuclear agent released by the enemy. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Smoke inhalation injuries from enemy actions that result in burns to the respiratory tract. (6) Concussions (and/or mild traumatic brain injury (mTBI)) caused as a result of enemy-generated explosions that result in 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. e. Some examples of injuries which do not justify eligibility for 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) Exposure to chemical, biological, or nuclear agents not directly released by the enemy. (6) Battle fatigue, neuro-psychosis and post-traumatic stress disorders. (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) First degree burns. (11) Airborne (for example, parachute/jump) injuries not caused by enemy action. (12) Hearing loss and tinnitus (for example: ringing in the ears, ruptured tympanic membrane). (13) mTBI that does not 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 or lacerations (unless of a severity requiring treatment by a medical officer). (15) Bruises or contusions (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). f. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. g. The Korea Defense Service Medal is authorized to service members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea for 30 consecutive or for 60 non-consecutive days for the period 28 July 1954 to a date to be determined by the Secretary of Defense. Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the Korea Defense Service Medal was authorized subsequently, are eligible for both the Armed Forces Expeditionary Medal and the Korea Defense Service Medal. Award of the Korea Defense Service Medal for this time period is a one-time exception to policy to comply with section 543, National Defense Authorization Act, 2003, Public Law 107-314. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 572nd Engineer Company was cited for award of the Meritorious Unit Commendation for the period 15 January 1966 through 7 April 1967 in Department of the Army General Orders 39, dated 1970.? 4. Department of the Army General Orders Number 8, dated 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 5. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justices requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006566 5 1