BOARD DATE: 2 December 2020 DOCKET NUMBER: AR20190007941 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 7 May 2019 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 March 1966 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 did not receive a Purple Heart for being hospitalized for malaria. He contracted malaria during the Vietnam War in 1965. b. He was unconscious and hospitalized for over 60 days. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 for the period ending 18 March 1966 will be administratively corrected without Board action to show award of the: * National Defense Service Medal * two bronze service stars to his previously-issued Vietnam Service Medal * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 4. On 11 August 1959, the applicant enlisted in the Army National Guard. 5. On 21 February 1960, he was honorably released from active duty. His DD Form 214 for this period shows in item 25 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) * Expert Marksmanship Qualification Badge with Mortar Bar (81 millimeter) 6. On 19 October 1960, he enlisted in the Regular Army. 7. On 27 March 1963, he was honorably discharged for immediate reenlistment. His DD Form 214 for this period shows in item 26: * Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Expert Marksmanship Qualification Badge with Mortar Bar (81 millimeter) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 8. His DA Form 24 (Service Record) shows in section 4 (Chronological Record of Military Service), on 16 August 1965, he departed the Continental United States and arrived in Vietnam on 15 September 1965. He was assigned to Company C, 2d Battalion, 12th Cavalry Regiment, 1st Cavalry Division. 9. The applicant's records contained a memorandum from the Assistant Adjutant General, 15th Medical Battalion, 1st Air Cavalry Division, date illegible, subject: Casualty Report, showing he was injured on 26 September 1965 while he was out checking positions. He stumbled and fell, causing his rifle to fire accidentally and injure his right big toe. His prognosis was listed as good and his unit was shown as Company C, 2nd Battalion, 12th Cavalry, 1st Air Cavalry Division. 10. His Standard Form 89 (Report of Medical History), dated 8 March 1966, shows in: a. item 34 (Have you ever had any illness or injury other than those already noted?) – an entry showing "malaria," and b. item 35 (Have you consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years?) – an entry showing "malaria, 7th Field Hospital, Japan." d. item 40 (Physician's Summary) – the entries: * shot through right foot, September 1965, Republic of Vietnam * malaria, 12 December 1965 * orthopedic surgeon told patient foot would be all right 11. His DA Form 24 (Service Record), shows in: a. section 8 (Wounds Received Through Enemy Action) – "shot self in toe, 26 September 1965," b. section 9 (Medals, Decorations, and Citations) – he was awarded or authorized the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Expert Marksmanship Qualification Badge with Rifle Bar * Combat Infantryman Badge * Vietnam Service Medal 12. On 18 March 1966, he was honorably discharged from active military service. His DD Form 214 shows in block 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Good Conduct Medal * Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Marksmanship Qualification Badge with Rifle Bar * Combat Infantryman Badge * Vietnam Service Medal 13. 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. 14. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement and his record of service. Evidence in the record show the applicant stumbled and fell, causing his rifle to fire accidentally and injure his right big toe. There is no medical record showing the applicant received wounds caused by enemy forces that required treatment by medical personnel. Based on governing regulation, the Board determined that no documentation or supporting statements indicated the applicant had 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 as specified in the criteria for award of the Purple Heart. Therefore, the applicant did not meet the requirements for award of the Purple Heart. 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. 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 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 he was awarded or authorized the following awards not listed on his DD Form 214: * National Defense Service Medal * two bronze service stars to his previously-issued Vietnam Service Medal * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-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 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, 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. d. 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 3. Department of the Army Pamphlet 672-3 (Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), in effect at the time, shows Company C, 2d Battalion, 12th Cavalry, 1st Air Cavalry Division, was awarded the: a. Presidential Unit Citation for the period 23 October 1965 to 26 November 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1967, a period he was assigned to the unit; and b. Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 59, dated 1969, for the period 9 August 1965 to May 1969, a period he was assigned to the unit. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190007941 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1