IN THE CASE OF: BOARD DATE: 28 September 2020 DOCKET NUMBER: AR20190014624 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 6 November 2019 * DD Form 1380 (U.S. Field Medical Card), dated 25 June 1970 * DD Form 214 for the period ending 30 August 1970 * letter, Wadena County Veterans Service Office, Wadena, MN, dated 6 November 2019 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. His discharge papers did not include a citation for a Purple Heart which he should have been awarded after being wounded on 25 June 1970 while under enemy attack. He was shooting a machine gun on the boat where he was stationed when he was hit with shrapnel in his legs and thighs and he suffered a concussion. b. The injury information is on the copy of a tag (DD Form 1380) he received when he was wounded and treated at Vinh Long Airfield which was the closest base on the river a few hours away. c. When he was going through discharge processing, he and others were told that requesting Purple Hearts and completing paperwork would take an extra day. He did not say anything because he felt he was lucky to be alive and he wanted to go home. d. He was not aware there was a time limit to request the Purple Heart. At the time, he did not care. As a Vietnam veteran he was treated badly from the beginning of his flight home. He was in uniform and on a standby list and the airport person made sure he was the last to board and his last name was mispronounced with a slur. e. The attitude against veterans was prevalent and he tried to put it all behind him. As he is getting older, the Purple Heart and his service to his country means something to him. His father was a World War II veteran and he received two Purple Hearts. He would also like to have Purple Heart recipient on his tombstone someday. Award of the Purple Heart is important to him since the death of his father in February 2010. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show award of the: * Army Good Conduct Medal (for the period 22 January 1969 to 30 August 1970) * four bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16) 4. The Board will consider his request for award the Purple Heart. 5. On 22 January 1969, the applicant was inducted into the Army of the United States. 6. He served in Vietnam during the period 3 July 1969 to 30 August 1970 and he participated in four campaigns. While in Vietnam, he was assigned to: * 488th Transportation Detachment from 5 July 1969 to 16 October 1969 * 5th Transportation Company from 17 October 1969 to 30 August 1970 7. He provided a copy of his DD Form 1380, dated 25 June 1970, that shows in: a. block 1 (Name) – his name. b. block 2 (Service Number) – his social security number. (Note: the second and third digits of his service number appear to have been changed). c. block 7 (Unit) – 5th Transportation HBLO (Heavy Boat). d. block 12 (Facility Where Tagged) – Vinh Long Airfield Base. e. block 13 (Date and Hour Tagged) – 1450 hours, 25 June 1970. f. block 14 (Diagnosis) – concussion ringing L (left) TM (tympanic membrane). g. block 15 (Line of Duty) – yes. h. block 19 (What was he doing when injured?) – repulsing enemy attack with machine gun. i. block 20 (Treatment Given) – illegible. j. blocks 22 through 26 (Treatment – Morphine 1st, Morphine 2nd, Morphine 3rd, Tetanus, A.T. Serum) – N/A k. block 27 (Disposition, Disposal/Destination) – Treated 4 Tinitus l. block 29 (Medical Officer) – the signature of the attending medical professional. 8. Headquarters, U.S. Army Support Command, Saigon, Vietnam, General Orders Number 1205, dated 15 August 1970, awarded him the Army Good Conduct Medal (First Award) for the period 22 January 1969 to 28 August 1970. 9. His Standard Form 88 (Report of Medical Examination), dated 30 August 1970, shows in: a. block 5 (Purpose of Examination) – Separation. b. block 18 though block 43 (Clinical Evaluation) – are marked normal. c. block 73 (Notes) – "Good" and his signature. d. block 74 (Summary of Defects and Diagnosis) – no entries. e. block 75 (Recommendations) – no entries. 10. His DA Form 20 (Enlisted Qualification Record) shows, in part, in: a. block 40 (Wounds) – none. b. block 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and M-16) 11. On 30 August 1970, he was honorably released from active duty. His DD Form 214 for this period shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the following: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 12. His 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. 13. 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. 14. His records are void of a recommendation or orders awarding him the Purple Heart. BOARD DISCUSSION: After reviewing the application and all supporting evidence, aside from the Administrative Notes found by the analyst of record (below the signature), the Board determined that there was insufficient evidence to grant relief. Regrettably, the Board found that the medical evidence indicates that while the applicant was treated at a medical facility for a concussion injury to his left tympanic membrane he incurred while in contact with the enemy, the Medical doctor listed that the final disposition was “treated [for] tinnitus.” Regulatory guidelines state that tinnitus is an example of an injury or wound which clearly does not justify award of the Purple Heart Medal. Therefore the applicant’s injury did not meet the regulatory requirements for award of the Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Aside from the Administrative Notes found by the analyst of record (below the signature), 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 awarded or authorized the following awards not listed on his DD Form 214: * Army Good Conduct Medal (for the period 22 January 1969 to 30 August 1970) * four bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and M-16) 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. To qualify for award of the Purple Heart the wound must have been of such severity that it required treatment, not merely examination, by a medical officer. A wound is defined as an injury to any part of the body from an outside force or agent. 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 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. 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) 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). 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014624 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1