ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  16 October 2020 DOCKET NUMBER:  AR20190008769 


APPLICANT REQUESTS:  reconsideration of his previous requests for award of the Purple Heart.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 



























•DD Form 149 (Application for Correction of Military Record)•New Evidence•Letter, dated 24 September 2020 from the Department of Veterans Affairs•Neurology Consult•Congressional letter•Previously submitted/considered evidence:•DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)•DD Form 215 (Correction to DD Form 214)•Reissued DD Form 214 (Certificate of Release or Discharge from Active Duty)•VA Progress Notes•Statements from Mr. B, Mr. L, Mr. C, Mr. P, and Mr. A 



FACTS: 

1.Incorporated herein by reference are military records which were summarized in theprevious consideration of the applicant's case by the Army Board for Correction ofMilitary Records (ABCMR) in:

.Docket Number AC97-06209, on 28 May 1997

.Docket Number AR20150011167, on 3 November 2015



2.The applicant states he was injured in Vietnam on 8 February 1968.  He received aminor wound to his neck and later, he was determined to have had a closed head injury.On the day of the injury, he was treated in the field by the senior medic; however, his
name was not listed on the morning report due to the number of casualties and more severely injured.  Because of his injuries, he is requesting his record be corrected to show he was wounded and to be awarded the Purple Heart. Due to the injury to his neck and the traumatic brain injury (TBI), he believes he is justified to request this award. He has been 100% disabled since approximately 1970.  He is now diagnosed with dementia and Parkinson's as a result of the TBI and other health concerns.  





3.In a separate personal statement, the applicant states he has been interacting with the Army for 12 years trying to get this situation resolved.  He has sent numerous documents at various times.  In fact, at one point he received a letter indicating that all he needed to do was submit verification from the medic that treated him when the injury occurred.  He not only sent his medic's verification, but also statements from his commanding officers verifying my injury.  He is now sending portions of his doctor's summaries regarding his injuries when he was wounded on 8 February 1968, during the battle of Lo Gaing, Vietnam.  The medical information makes reference to his wound that penetrated the back-left side of my neck, continuing downward to the spinal cord(as per Dr. R__'s report).  He is his current VA neurologist at the Phoenix VA Hospital.  He also received a closed head injury (TBI) during that offensive that did not manifest until testing was done at a later date at the Denver VA Hospital.  Because of the type of wound that he received, not only did the initial impact penetrate into his neck near the spinal cord, it also damaged his pituitary gland and the hypothalamus gland in the brain.  That damage has caused on-going health problems throughout the years and has caused him to be given a 100% disability rating.  Due to this brain injury, he is now diagnosed with Lewy Body Dementia with Parkinsonism.  According to the neurologist, the prognosis is 2 years to 8 years.  The fact that he was exposed to Agent Orange, according to the neurologist, will, unfortunately, cause the dementia to worsen at a faster rate.  He is 73 years old and was told by doctors this is normally a young age to develop dementia.4.The applicant provides:a.Neurology Consult, dated 10 April 2019, that states he was referred for further evaluation for tremor and changes in mobility; family history positive for tremor (father, tremor of hands).  There was possible exposure to Agent Orange (Vietnam 1967-1968); history of stroke dating to 10-15 years ago.  Onset: dates onset of tremor to about 5 years ago.  Symptoms: speech OK; swallowing - occasionally food gets tuck; writing -shaky, sloppy, with effort readable; arising from chair - conscious effort, pushes up with arms; walking- slower, no symptoms of hesitancy; balance - tends to fall backward, fallen 2X+/past 6 months - circumstantial, X1+ got off balance; tremor· both hands, primarily problem in right hand, uncontrollable at times, uses left hand to stabilize right hand to write, uses left hand to stabilize right hand if drinking coffee, tremor increases if anxious or under stress; low blood pressure; no history as problem.  Impression:  

.Probable motor Parkinsonism which is mild in degree in the untreated state

.Associated postural action tremor involving the upper extremities, mild tomoderate in degree and asymmetrical, greater on the right dominant side

.Probable mixed type of tremor In the right upper extremity with a restingtremor component

.Associated cognitive Impairment

.Possible exposure to Agent Orange

.Family history positive for tremor



b.Letter, dated 24 September 2020, from the applicant's primary care provider.  Hestates the applicant is under his care and the care of multiple specialists including Neurology.  His chronic medical diseases are as follows: Sensorineural Hearing loss; Depression; Post-Traumatic Stress Disorder; Hypothyroidism; Hyperlipidemia; Sleep Apnea; Seizure Disorder.  He was most recently diagnosed by his neurologist with Lewy Body Dementia with a prognosis that is poor and a life expectancy that is unpredictable. 

5.Review of the applicant's service records shows:

a.He was inducted into the Army of the United States on 4 October 1966.  He heldmilitary occupational specialty 11B (Infantryman). 

b.He served in Vietnam from 4 October 1967 to around 19 September 1968.  Hewas assigned to Company B, 1st Battalion, 6th Infantry, 198th Infantry Brigade. 

c.General Orders Number 5772, dated 15 August 1968, issued by Headquarters,Americal Division, awarding him the Army Commendation Medal with "V" Device for heroism on 8 February 1968.  The reason for the award is as follows: 

[Applicant] distinguished himself by exceptionally valorous actions on 8 February 1968 while serving as a squad leader with the first platoon of Company B, 1st Battalion, 6th Infantry.  On that date, Company B was on a combat mission in which it was to support Company C, which was heavily engaged with a reinforced battalion of North Vietnamese Army Regulars.  As Company B was advancing, it came under heavy small arms and mortar fire near the village of Lo Giang (1).  [Applicant], with complete disregard for his own safety, continuously exposed himself to the enemy fire as he directed the efforts of his men.  With intensive rifle fire and excellent fire and movement through knee-deep rice paddies, [Applicant] and his men were able to silence two enemy positions.   

d.He was honorably released from active duty on 23 September 1968.  HisDD Form 214 shows he completed 1 year, 11 months, and 30 days of active service. His DD Form 214 shows he was awarded or authorized: 
.Vietnam Service Medal with four bronze service stars

.Army Commendation Medal (1st Award)

.Army Good Conduct Medal (1st Award)

.Bronze Star Medal with "V" Device

.Combat Infantryman Badge

.Republic of Vietnam Campaign Medal with Device (1960)

.National Defense Service Medal

.Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar

.overseas service bar



e.Nothing in several typical sources that shows he was injured or wounded as aresult of hostile action or that he was awarded the Purple Heart: 

(1)His DA Form 20 (Enlisted Qualification Record) contains no entries in item 40(Wounds). 

(2)His personnel records do not contain an official Army message or a WesternUnion telegram notifying his next of kin of an injury or wound sustained in action.  This was the proper notification procedure for injuries at the time. 

(3)His name is not shown on the Vietnam casualty listing.  This is a listing ofVietnam era casualties commonly used to verify entitlement to award of the Purple Heart. 

(4)A review of the Awards and Decorations Computer-Assisted RetrievalSystem, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.   

(5)No contemporaneous medical records exist to support an injury (as a resultof enemy action) or treatment for such injury. 



f.The applicant provides letters previously considered by the Board:(1)Letter of support, dated 7 January 2008, by Mr. B, former medical aidman, states he was the Senior Medical Aid Man in Company B, 1st Battalion, 6th Infantry Regiment, when, on 8 February 1968, the applicant was wounded in the neck.  He affirms he was there and remembers treating the applicant's wound.  His unit took a lot of casualties that day and he does not recall if he reported treating the applicant's wound.  The normal procedure would have been to have made an annotation on the unit's DA Form 1 (Morning Report) for that day 











(2) Letter, dated 12 May 2013, by former Lieutenant VEL, in which he states he was the Executive Officer in Company B, 1st Battalion, 6th Infantry, when his unit participated in the battle for Lo Giang (7 February 1968 to 10 February 1968).  During the cited period, his unit was deployed to a landing zone for to assist in the defense against an imminent enemy attack.  On 8 February 1968 they were fully engaged in battle; numerous Soldiers within the battalion were killed, wounded, or missing.  Those wounds not requiring medical evacuation were treated on the scene by their medics, with those Soldiers returning to the fight; he believes the applicant was one of those Soldiers treated and returned to duty.  The applicant's wounds have been verified by their medic, Mr. B, and he found Mr. B to be an honorable Soldier who could be depended upon to provide an accurate and honest recollection of events.  The situation during the battle was extremely chaotic and reports such as the Morning Report were completed to the best of their ability under the circumstances.  The Morning Report would have been completed by their administrative staff, who did not accompany them to the site of the battle; additionally, there was no radio contact possible between their location and the basecamp.  Following the battle, his unit repositioned itself to a location where radio contact was reestablished; there were a number of high priority issues to resolve, however, and he states, in effect, these issues would have taken precedence over matters such as reporting wounded Soldiers who did not require evacuation. (3) Letter of support from former Lieutenant C, dated 8 June 2013, in which he states he was the applicant's platoon leader when the applicant was wounded.  He personally arrived at the unit's basecamp on 4 February 1968 and he did not accompany the unit to the battle of Lo Giang.  When the unit returned to basecamp, he met with squad leaders, to include the applicant; he noticed the applicant had a military-type bandage on the back of his neck, but he did not ask what had happened. (4) Letter, dated 13 May 2013, from Retired Colonel P who states he was the applicant's company commander during the period in question.  He did not personally witness the applicant being injured, but can affirm his unit was involved in a "mortar duel" with elements of the North Vietnamese Army, a duel they eventually won. (5) Letter, dated 7 July 2013, from First Lieutenant (Retired) A, who states he was the applicant's platoon leader during the battle of Lo Giang.  If the unit medic says the applicant was wounded, it is a fact.  The medics had to treat another Soldier and that was probably when the applicant received treatment as well.  He knows the applicant returned to the rice paddy with him after being gone for a short time (6) Various VA progress notes related to his treatment, diagnosis, medications, consults, and other VA-related notes. g. On 28 May 1997, the Board considered his first petition for award of the Purple Heart and denied it.  The Board concluded that after considering all the evidence, 
allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, there is no evidence of record which shows that the applicant was wounded or treated for wounds due to hostile action. 

h.On 3 November 2015, the Board reconsidered his request for award of the PurpleHeart, and again, denied it.  The Board concluded: 

(1)Multiple letters of support were provided, of which only one, by the unit'smedic, provides any confirmation the applicant was wounded and that the wound was treated by medical personnel.  A second- letter of support, written by a former platoon leader, affirms the applicant had a military-type bandage on the back of his neck. 

(2)VA progress notes and medical records contain entries suggesting theapplicant sustained a closed-head injury while in Vietnam, but provide no further verifiable details as to the origin of this injury 

(3)General Orders awarded him an Army Commendation Medal with a "V"Device, which was awarded for his valorous actions performed on the day he states he was wounded.  The citation does not indicate he was wounded. 

(4)In viewing the totality of the evidence in this case, it appears, however, therequirements for awarding the Purple Heart have not been met.  To validate the award of the Purple Heart, the regulation requires the wound to have been sustained while in action against an enemy or as a 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.  The evidence provided does not satisfy the requirements for this award.  


BOARD DISCUSSION: 



1.After reviewing the application and all supporting documents, the Board found thatrelief is not warranted.2.The Board considered the applicant's request, supporting documents and evidencein the records.  The Board considered the documentation provided in support ofprevious considerations and the VA letter provided with this application.  Afterreviewing the available evidence, the Board concurred with the conclusions reached inthe first two considerations of the applicant's request.   The Board found insufficientevidence confirming the applicant incurred a wound that met the criteria for award ofthe Purple Heart.  Based on a preponderance of evidence, the Board determined that the absence of a Purple Heart in the applicant's records was not in error or unjust.
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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Numbers AC97-06209, dated 28 May 1997, and AR20150011167, dated 3 November 2015. 

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: 

1.Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that thePurple Heart is awarded for a wound sustained as a result of hostile action.Substantiating evidence must be provided to verify the wound was the result of hostileaction, the wound must have required medical treatment, and the medical treatmentmust have been made a matter of official record.  All three of these prerequisites mustbe met in order for a Soldier to receive to this award.

2.Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 ofthe version in effect at the time, stated a brief description of wounds or injuries(including injury from gas) requiring medical treatment received through hostile or
enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be entered in item 40. 
 
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