ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 December 2021 DOCKET NUMBER: AR20210013062 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Letter to Congressional Representative, 22 September 2020 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 October 1969 * two Department of Veterans Affairs (VA) Board of Veterans' Appeals Letters, 25 June and 18 November 2020 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 he was deployed to Vietnam during his service in the Army. While outside the Tan Son Nhut Air Base after the Tet Offensive, he and a fellow Soldier were checking for enemy in a tree line when they were attacked by a grenade. They both were injured. He suffered injuries to his leg and arm. His friend received assistance from a medic, but he informed the medic to take care of other injured Soldiers. Later that night he dug the shrapnel out from his leg and arm and dressed the wounds himself. The VA has treated him well. As a result of being sprayed with Agent Orange several times, he is now being treated for diabetes. He also receives medication for nightmares and high blood pressure, as he has been diagnosed with post-traumatic stress disorder (PTSD). He believes he should be awarded the Purple Heart. 3. He was inducted into the Army of the United States on 23 October 1967. Upon completion of initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). 4. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), he received overseas tour credit for service in U.S. Army Pacific, Vietnam, from 28 March 1968 through 27 March 1969; b. item 38 (Record of Assignments), he was assigned to Company C, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, 11 April 1968 to 22 March 1969; c. item 40 (Wounds), no entries indicating he was wounded or injured as a result of enemy action in Vietnam; and d. item 41 (Awards and Decorations), no entry showing he was awarded the Purple Heart. 5. He participated in the following campaigns during his service in Vietnam: * Vietnam Counteroffensive Phase IV – 2 April 1968-30 June 1968 * Vietnam Counteroffensive Phase V – 1 July 1968-1 November 1968 * Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969 * Tet 69 Counteroffensive 1969 – 23 February 1969-8 June 1969 6. His available records do not contain orders awarding him the Purple Heart, nor do they contain any documentation indicating he was treated for wounds or injuries he sustained as a result of enemy action during his service in Vietnam. 7. He was honorably released from active duty on 22 October 1969. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Combat Infantryman Badge * Army Commendation Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 8. The Vietnam casualty roster does not list the applicant's name. 9. 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, failed to reveal any orders awarding him the Purple Heart. 10. He provided letters from the VA Board of Veterans' Appeals, 25 June and 18 November 2020, that discuss his appeal and entitled benefits. None of the documents indicates he was wounded or injured as a result of enemy action in Vietnam, nor do they indicate the cause of his diagnosed PTSD. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Board members noted that the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify: the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record. The available evidence does not support the applicant having met this criteria as such, Board members voted to deny relief. 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: Other than the corrections addressed in Administrative Note(s) below, 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. 12/16/2021 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): 1. The VA defines Agent Orange as a tactical herbicide the U.S. military used to clear leaves and vegetation for military operations, mainly during the Vietnam War. Veterans who were exposed to Agent Orange may have certain related illnesses. When sound medical and scientific evidence shows an illness is caused by Agent Orange exposure, the VA adds it to their list of presumptive diseases. (Note: Not an enemy-released chemical, biological, or nuclear agent.) 2. The applicant is authorized administrative correction of his DD Form 214 for the period ending 22 October 1969 to show the following awards without Board action: * four bronze service stars with his already-awarded Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation REFERENCES: 1. Title 10, U.S. 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 an entitlement and differs from all other awards. The Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, have been wounded, were killed, or who have died or may hereafter die of wounds received under any of the following circumstances: * in any action against an enemy of the United States * 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 * 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 * as the result of an act of any such enemy of opposing Armed Forces * as the result of an act of any hostile foreign force * after 28 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate Armed Services concerned if persons from more than one service are wounded in the attack * after 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force * service members who are killed or wounded in action by friendly fire * a former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war (or while being taken captive) * service members killed or wounded in attacks by foreign terrorist organizations (1) A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed below. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. (2) The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. (3) Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * injury caused by enemy-placed trap or mine * injury caused by enemy-released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire * concussion injuries caused as a result of enemy-generated explosions * 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 (4) Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot * heat stroke * food poisoning not caused by enemy agents * chemical, biological, or nuclear agents not released by the enemy * battle fatigue * disease not directly caused by enemy agents * accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * self-inflicted wounds, except when in the heat of battle and not involving gross negligence * PTSD * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * 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 * abrasions and lacerations (unless of a severity to be incapacitating) * bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth) * first degree burns b. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. 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 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to February 1986. It assists commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service up to February 1986. This pamphlet shows the 4th Battalion, 12th Infantry Regiment, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 in Department of the Army General Orders Number 51, 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 through 31 August 1970 in Department of the Army General Orders Number 51, 1971 //NOTHING FOLLOWS//