ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 May 2020 DOCKET NUMBER: AR20190006864 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 13 May 2019 * Department of Veterans Affairs (VA) letter, dated 8 May 1968 * VA Form 2507 (Compensation and Pension Final Report), 2 pages, undated * two Awards and Decorations Branch letters, U.S. Army Human Resources Command (HRC), dated 20 March 2015 and 9 November 2017 * National Personnel Records Center letter, dated 9 August 2017 FACTS: 1. The applicant states: a. He was injured during rocket and mortar fire at Camp J.J. Carroll in the Dong Ho or Dong Ha Province. There has been much question about whether or not he is entitled to a Purple Heart. b. There is no doubt that he received a three-fourth inch laceration on the top of his head in May 1967. The question is whether or not the injury was a result of enemy action. c. He was treated on the battlefield. The doctor's comments stated, "It appears that Purple Heart should have been awarded, but was not." d. There are no sworn eyewitness statements available due to the passing of time. Additionally, military medical documentation immediately after or close to the incident was destroyed in a fire in. 2. On 6 December 1965, the applicant was inducted into the Army of the United States. 3. He served in Vietnam during the period 24 September 1966 to 22 September 1967 and he participated in two campaigns. While in Vietnam, he was assigned to: * Battery C, 2nd Battalion, 94th Artillery Regiment, from 15 October 1966 to 9 June 1967 * Battery D, 1st Battalion, 84th Artillery Regiment, from 10 June 1967 to 22 September 1967 4. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 33 (Appointments and Reductions) – he was reduced in rank/grade of specialist four/E-4 to private first class/E-3 on 1 August 1967, b. item 38 (Record of Assignments) – no entry showing he was in a patient status or transferred to a hospital, c. item 40 (Wounds) – no entry; blank, and d. item 41 (Awards and Decorations) – * overseas service bar * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 5. On 23 September 1967, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows award of the following: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 6. He provided copies of: a. a VA letter, dated 8 May 1968, that shows the VA determined his condition of "scar, residuals of laceration of head" was incurred during his military service and not disabling to a compensable degree and rated 0 percent. b. a VA Form 2507, undated, which he reported being stationed near Dong Ha at Camp J.J. Carroll; the camp was shelled and received mortars two to three times per week; and his best friend died from a shell. This form also shows the entry, "Veteran sustained shrapnel wound to the back of his head. He reported that the doctors shaved his head, considering stapling his skin together, but they left it alone and it healed. Medical record dated 5/18/67 [18 May 1967] reads as follows: "Laceration on top head about 3/4 inch in length. Dressing applied during mortar attack on Dong Ha." It appears that Purple Heart should have been awarded, but was not." c. a letter from the Chief, Awards and Decorations Branch, HRC, dated 20 March 2015, advising his member of Congress this office was unable to verify his entitlement to the Purple Heart. The letter also shows this office requested the applicant provide sworn eyewitness statements or military medical documentation from immediately after or close to the incident confirming his head laceration was caused directly by enemy action and a previous response had been provided to another Congressional member on multiple occasions. This office acknowledged that with the passage of time, such evidence could be difficult to obtain; however, the requested documentation was required to maintain the integrity of the Army's award program and to ensure the regulations and policies governing the Purple Heart were met. The applicant was advised to apply to the ABCMR if he could not comply with the request for documentation. d. page 1 of a letter from the Awards and Decorations Branch, HRC, dated 9 November 2017, in which he was advised this office remained unable to verify his entitlement to the Purple Heart. He was further advised: (1) The statutory and regulatory criteria governing award of the Purple Heart require it to be awarded to Soldiers who are wounded as a result of enemy action. The wounds must have required treatment by a medical officer and been made a matter of official record. In this regard, his Standard Form 600 (Chronological Record of Medical Care) indicating he was treated on 18 May1967 for a three-fourth inch laceration on his head was acknowledged; however, there was no indication in the available record that this injury was a result of enemy action. Further, Army Regulation 600-8-22 (Military Awards) specifically prohibited award of the Purple Heart for abrasions or lacerations which were not incapacitating; other records he provided specifically described his injury as "superficial." (2) If he felt the response was unfair or unjust, his final administrative recourse was to apply to the ABCMR. 7. The applicant's 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. 8. 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 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. BOARD DISCUSSION: 1. 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. Governing regulation provides that award of the Purple Heart is prohibited for abrasions or lacerations which were not incapacitating. 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. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is 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 : X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the corrections addressed in the 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): The applicant was authorized the following award not annotated on his DD Form 214: * two bronze service stars to his previously-awarded Vietnam Service Medal * Republic of Vietnam Civil Actions Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Navy Presidential Unit Citation ? REFERENCES: Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded in the name of the President of the United States to any member of an Armed Force of the United States under the jurisdiction of the Secretary of the Army, who, after 5 April 1917, has been wounded, killed, or who has died or may hereafter die of wounds received, under any of the following circumstances: (1) In any action against an enemy of the United States. (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged. (3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. (4) As the result of an act of any such enemy or opposing Armed Forces. (5) As the result of an act of any hostile foreign force. (6) After 7 December 1941, pursuant to Title 10, United States Code, section 1129, as a result of friendly fire provided the member was killed or wounded in action by friendly weapon fire while directly engaged in armed conflict, other than the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of the willful misconduct of the member. (7) On or after 7 December 1941, to a member who is killed or dies while in captivity as a Prisoner of War under circumstances establishing eligibility for the Prisoner of War Medal paragraph 2-10, unless compelling evidence is presented that shows the member’s death was not the result of enemy action. b. A physical lesion is not required. (1) Treatment of the wound will be documented in the member’s medical and/or health record. (2) Award may be made for a wound treated by a medical professional other than a medical officer provided a medical officer includes a statement in the member’s medical record that the severity of the wound was such that it would have required treatment by a medical officer if one had been available to provide treatment. (3) 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 not physician extenders. (4) A medical officer is defined as a physician with officer rank. The following are medical officers: (a) An officer of the medical corps of the Army. (b) An officer of the medical corps of the U.S. Navy. (c) An officer in the U.S. Air Force designated as a medical officer in accordance with Title 10, United States Code, section 101. c. 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. d. 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. e. 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. f. Appendix B-3 (Unit Citations and Campaign Participation Credit Registers) provides a listing of unit citations and shows: (1) 1st Battalion, 84th Artillery Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order (DAGO) Number 31, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1967 by DAGO Number 59, dated 1969.? (2) 2nd Battalion, 94th Artillery Regiment, was awarded the Navy Presidential Unit Citation for the period 27 November 1966 to 15 September 1967 by DAGO Number 32, dated 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006864 9 1