IN THE CASE OF: BOARD DATE: 18 March 2022 DOCKET NUMBER: AR20210013793 APPLICANT REQUESTS: reconsideration of his previous request to be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 25 October 1984 * Veterans Affairs (VA) letter, dated 8 January 2001 * VA letter, dated 8 January 2021 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20200006185 on 14 January 2021. 2. The applicant states the Purple Heart is missing from his DD Form 214. 3. A review of the applicant's official records shows the following: a. On 20 February 1979, the applicant enlisted in the Regular Army and held military occupational specialty 72E (Combat Telecommunications Center Operator). b. DA Form 2-1 (Personnel Qualification Record) shows the following: (1) Item 5 (Oversea Service) Germany from 24 June 1979 to 17 June 1982. (2) Item 9 (Awards, Decorations and Campaigns) shows the Army Service Ribbon, Army Good Conduct Medal, Overseas Service Ribbon. (3) Item 35 (Record of Assignments) the applicant served with the following units: * C Company, 440th Signal Battalion, Germany from on or about 26 June 1979 to on or about 16 June 1982 * A Company, 57th Signal Battalion, Fort Hood, TX from on or about 27 July 1982 to on or about 22 August 1982 * B Company, 57th Signal Battalion, Fort Hood from on or about 23 August 1982 until his discharge from active duty c. On 25 October 1984, the applicant was discharged from active duty by reason of misconduct-drug abuse. DD Form 214, item 13 (Decorations, Medals, Badges, Citations and Campaigns Awarded or Authorized) shows: * Army Good Conduct Medal * Army Service Ribbon * Overseas Service Ribbon d. On 5 March 2020, the applicant petitioned the Board to be awarded the Purple Heart. e. On 14 January 2021, the Board denied the applicant's request citing the Board found no evidence showing the applicant as wounded under circumstances meeting the criteria for the Purple Heart. The Board determined the applicant is not entitled to the Purple Heart. 4. The applicant provides: a. VA letter, dated 8 January 2001, showing the applicant was enrolled in the VA Healthcare System. b. VA letter, dated 8 January 2021, showing the applicant's periods of service, service connected disability, and his compensation. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board determined there is insufficient evidence to amend the previous Board’s decision. No credible evidence was provided showing he was wounded by enemy forces, and the injury required medical assistance. ? 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: 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 AR20200006185 on 14 January 2021. 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. REFERENCE: 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 (USC), 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, USC, section 101. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013793 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1