ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 November 2020 DOCKET NUMBER: AR20200000444 APPLICANT REQUESTS: reconsideration of award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 2 October 2019 * Standard Form 502 (Clinical Record, Narrative Summary), dated 30 January 1968 * Standard Form 501 (Clinical Record, Diagnostic Summary), dated 30 January 1968 * Standard Form 504 (Clinical Record, History-Part 1), dated 30 January 1968 * Standard Form 505 (Clinical Record, History-Part 2), dated 30 January 1968 * Standard Form 506 (Clinical Record, Physical Examination), dated 30 January 1968 * Standard Form 508 (Clinical Record, Doctor’s Orders), dated 30 January 1968 * Standard Form 509 (Clinical Record, Doctor’s Progress Notes), dated 30 January 1968 * Standard Form 510 (Clinical Record, Nursing Notes), dated 30 January 1968 * Standard Form 511 (Clinical Record, Temperature-Pulse-Respiration), dated 30 January 1968 * Standard Form 512 (Clinical Record, Plotting Chart), dated 30 January 1968 * Standard Form 514 (Clinical Record, Laboratory Reports), dated 30 January 1968 * Standard Form 516 (Clinical Record Operation Report), dated 30 January 1968 * Standard Form 517 (Clinical Record, Anesthesia), dated 30 January 1968 * Post Anesthesia Chart for Recovery Room, dated 30 January 1968 * Standard Form 519 (Clinical Record, Radiographic Reports), dated 30 January 1968 * Intake Equivalents, dated 31 January 1968 * Standard Form 519-A (Radiographic Report), dated 4 February 1968 * Hospital Admission record, dated 7 February 1968 * NA Form 13151 (Reply to Request for Organizational Records (Medical), dated 18 December 2007 * National Personnel Records Center, dated 24 September 2019 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 AR2007000 on September. 2. The applicant states: a. His service and injuries received in Vietnam merit award of the Purple Heart. b. On 30 January 1968, he was on guard duty and was injured by incoming enemy mortar fire. He was medically evacuated to the USS Sanctuary. c. He and the Department of Veterans Affairs requested his records from the National Personnel Records Center, but were told the records were unavailable. After a new Veterans Service Organization requested his records, he received his treatment records from the USS Sanctuary that document his injury which is the new evidence provided for the Board’s consideration. 3. The applicant’s service record shows: a. On 21 November 1966 he was inducted into the Regular Army. b. His DA Form 20 (Enlisted Qualification Form) show: (1) he served in Vietnam during the period of 21 December 1967 to 13 November 1968 and he participated in four campaigns while assigned to Headquarters & Headquarters Battery, 2nd Battalion, 9th Artillery Detachment, 4th Infantry Division and Battery C, 2nd Battalion, 9th Artillery Detachment, 4th Infantry Division. (2) Item 40 (Wounds) is blank (3) Item 41 (Awards and Decorations) shows he was awarded the – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * overseas service bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * It is void of a Purple Heart c. On 12 November 1968, he was honorably released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * overseas service bar * it is void of a Purple Heart d. On 26 March 2008, a DD Form 215 (Correction to DD Form 214), was issued which: (1) Deleted his award of the Vietnam Service Medal (2) Added his award of the following: * Vietnam Service Medal with four bronze service stars * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (3) Added service in Vietnam from 21 December 1967 to 10 November 1968 e. His name is not shown on the Vietnam casualty listing (this is a listing of Vietnam- era casualties commonly used to verify entitlement to award of the Purple Heart). f. A review of the Awards and Decorations Computers-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 United States Army Human Resource Command, failed to reveal orders for award of the Purple Heart pertaining to the applicant. 4. A review of his service record confirms he is eligible for awards that are not recorded on his DD Form 214. These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider his request for award of the Purple Heart. 5. The applicant provides a Standard Form 502, dated 30 January 1968 that shows he was admitted to the USS Sanctuary Naval Hospital with shrapnel wounds of the right face, neck and chest from multiple fragments from an exploding mortar. He was examined by Lieutenant Commander R B. C , Chief, Surgical Service, Medial Corps, United States Navy, who found a fragment wound to the right cheek and a small hematoma of the right lateral wall of the oropharynx and hypopharynx. There was a fragment wound over the mid-portion of the right neck with no crepitation and no expansion. There was a small fragment wound over the right lateral chest wall with some decreased breath sounds on the right side. His neck, face and chest were debrided and closed. X-rays revealed multiple metallic fragments superimposed over the right chest with one small fragment within the right lower lung. Two posterior neck fragments were annotated with one near the midline of the hypopharynx. A direct laryngoscopy revealed a hematoma of the right oropharynx with a fragment exit wound in the right tonsil and another entrance wound in the mucosa of the posterior wall of the oropharynx. His injuries were not due to misconduct. 6. On 13 September 2007, the ABCMR denied the applicant's request for award of the Purple Heart in Docket Number AR2007000 citing there were no general orders that show he was awarded the Purple Heart. There was no evidence that he was wounded or hospitalized as result of enemy action. 7. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained under enemy, opposing armed force, or hostile foreign action. A physical lesion is not required, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign action. 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, his record of service and documents provided by the applicant. Evidence in the record show the applicant was treated for fragment wounds caused by a rocket; there is insufficient evidence regarding the source or circumstances of that explosion. 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 to amend the decision of the ABCMR set forth in Docket Number AR2007000 on September. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s record shows he is authorized additional awards not annotated on his DD Form 214. As a result, amend his DD Form 214 for the period ending 12 November 1968 by adding * Meritorious Unit Commendation, Department of the Army General Orders (DAGO) Number 39, dated 20 July 1970 * Army Commendation Medal, 4th Infantry Division, General Orders Number 5041, dated 19 September 1968 REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained under enemy, opposing armed force, or hostile foreign action. A physical lesion is not required, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign action. 2. Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. 3. Department of the Army General Orders Number 39, dated 20 July 1970, announced award of the Meritorious Unit Commendation to 9th Artillery Detachment and its subordinate units during the period 1 June 1968 to 30 September 1969. //NOTHING FOLLOWS//