ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 August 2019 DOCKET NUMBER: AR20190009281 APPLICANT REQUESTS: Reconsideration of his previous request to be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Self-authored letter to the Honorable Mr. in lieu of DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 25 June 1971 * Army Board for Correction of Military Records (ABCMR) Docket Number AR20100020193, dated 15 February 2011 * Purple Heart criteria * Photographs FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100020193 on 15 February 2011. 2. The applicant states in pertinent part: * on 31 January 1968, at 0410 hours the Chu Lai Air Base came under heavy enemy attack, receiving 48 rounds of 122mm Soviet rocket fire and significant, but unknown number of incoming mortars causing severe damage * the attack was the beginning of the Tet Offensive and the entire Division combat area was embroiled in heavy fighting and attacks for the next 30-45 days, with little or no stand down time for military personnel * the billet in which he and 3 other officers were sleeping took a direct hit from a 122mm rocket (enclosed photos) and a metal wall locker positioned between his bed and another officer was riddled with shrapnel * the other officer received life threatening wounds and was medically evacuated and he was blown from his bed and received three shrapnel wounds to his lower right side * he went to the bunker and mentioned he was bleeding from the side and one of the men said he was a medic and began working with him, removing the small pieces of shrapnel from his side * he did not determine his name or his branch of service, he assumed he was Army, but he could just as easily been a U.S. Navy medic, since there were Army and U.S. Marine Corps serving jointly on the base * the medic advised him to go on sick call at his first opportunity but he told him he could not do that anytime soon, because he was taking out a very important mission at 0600 hours that morning * he [ the applicant] applied some antiseptic and new bandages while on the mission and when he returned to the Americal Division three days later he again neglected to follow up with sick call 3. A review of the applicant’s service records show the following on: * 18 May 1962 – the applicant was appointed as a Reserve commissioned officer * DA Form 66 (Officer Qualification Record), item 17 (Foreign Service) shows he served in Vietnam from 22 July 1967-13 July 1968 with Headquarters and Headquarters Company, Americal Division * 17 July 1968 – the applicant was honorably released from active duty, DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal * Air Medal * Republic of Vietnam Campaign Medal w/1960 Device * Bronze Star Medal * the applicant’s records are void of any orders awarding him the Purple Heart, likewise his medical records are not available for review with this case and his name is not listed on the Vietnam Casualty Roster showing he was wounded as a result of enemy action 4. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding him the Purple Heart for his period of service in Vietnam. 5. On 20 July 2010, the applicant petitioned the Board to be awarded the Purple Heart. On 15 February 2011, the Board denied his request based on a lack of evidence in his records. 6. The applicant provides: * DD Form 214 showing his Vietnam awards and decorations * Purple Heart criteria as prescribed by Army Regulation (AR) 600-8-22 (Military Awards), dated 25 February 1995 * Photographs of the applicant in uniform, wall locker with shrapnel holes, Americal Division Headquarters and the officer billets after the rocket attack 7. AR 600-8-22 states, the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service to include service in Vietnam, the awards and decorations in his record, the absence of in-service medical documents and his statement regarding the VA Dermatologist examination and policy pertaining to award of the Purple Heart. The Board found insufficient evidence to support the applicant’s claim that he had been wounded as a result of hostile action and that the wound required treatment by medical personnel. Based on a preponderance of evidence, the Board determined that there was no error or injustice. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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: 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 to amend the decision of the ABCMR set forth in Docket Number AR20100020193 on 15 February 2011. 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): Not Applicable REFERENCE: AR 600-8-22 (Military Awards) states, the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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. ABCMR Record of Proceedings (cont) AR20190009281 4 1