IN THE CASE OF: BOARD DATE: 5 October 2022 DOCKET NUMBER: AR20220001343 APPLICANT REQUESTS: reconsideration of his previous request(s) to award him the Purple Heart APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Previous Records of Proceedings (2016 and 2019) * Pictures, Map of Vietnam, and Display of Medals * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) 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 Dockets Number AR2016001, on 2 May 2018 and AR2019001 on 25 February 2021. 2. The applicant states the Purple Heart was awarded after he was stationed at Fort Riley, KS, in February 1970. He was awarded the Bronze Star Medal, Purple Heart, and several other medals. All his medals have been added to his DD Form 214 except the Purple Heart. ln June 1969, while patrolling out of Quon Loi, his unit, 8th Cavalry was hit and suffered many wounded. The ones that lost eyes or other parts were medically evacuated out to somewhere. The ones wounded and needed stitches were taken by chopper to Fire Base LZ white. When they got there LZ white was being torn down for another unit to move in. The Medic Tents was down, and they were stitched up without numbing medication. He took 7 stitches to back of the neck, 3 stitches in wrist, and 2 stitches to the finger. He is very proud of the medals he received and also proud that he served his country. He just wants what was given to him showing his commitment. H has attached a display of the medals, a photograph with his hand bandaged, a picture of what he received and wore with honor, and a map of Vietnam. He is not asking for anything he does not deserve; just what was given to him then. 3. The Director of Veteran’s Services in [Town/City], Texas, received a letter from the applicant indicating that most of the individuals he served with have died. In response, he wrote to this Board and stated he has attached a copy of the packet the applicant received denying his request to add his Purple Heart Medal to his DD Form 214. The packet received was for some other Veteran. Was this Veteran's record substituted for [Applicant’s] records? There is a photo taken of [Applicant] with a bandaged left hand standing in what appears to be a base camp in Vietnam. According to information provided by the applicant, his left wrist and fingers were part of the wounds he received. If it were at all possible to reconsider his request, it would be a just medal for this Combat Soldier. Many times, Purple Hearts awarded in the field and the Awards and Decoration Citation were never filed. Therefore, he could have been awarded the Purple Heart, but no one filed the citation. The Board’s reconsideration will be most appreciated. The applicant is currently suffering from multiple myeloma due his exposure to Agent Orange. 4. Review of the applicant’s service records shows: a. The applicant was inducted into the Army of the United States on 16 September 1968. He was trained in and held military occupational specialty 11B (Light Weapons Infantryman). b. He served in Vietnam from 7 February 1969 to 30 January 1970. He was assigned to 1st Battalion, 8th Cavalry, 1st Cavalry Division. c. General Orders Number 53, issued by Headquarters, 1st Cavalry Division, on 2 January 1970, awarded him the Bronze Star Medal for meritorious service from February 1969 to February 1970 in Vietnam. d. The applicant’s DA Form 20 (Enlisted Qualification Record) shows in: (1) Item 38 (Record of Assignments)-no entry as a patient or for hospitalization. (2) Item 40 (Wounds)-no entry for an injury as a result of hostile action, or date. (3) Item 41 (Awards and Decorations)-no listing for the Purple Heart as an authorized award. e. He was honorably released from active duty on 15 September 1970. His DD Form 214 shows he completed 2 years of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * two overseas bars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge * Air Medal * Republic of Vietnam Campaign Medal with “1960” device * Sharpshooter Marksmanship Qualification Badge w/Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge w/Rifle Bar (M-16) 5. Nothing in several typical sources show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: a. 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. b. His available personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action. This was generally the proper notification procedure for injuries at the time. c. 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, failed to reveal any orders for the Purple Heart pertaining to the applicant. d. His complete medical records are not available for review with this case and no contemporaneous medical records exist to support an injury (as a result of hostile action) or treatment for such injury, except a Standard Form 88 (Report of Medical Examination), dated 3 August 1970, that shows he underwent a separation physical which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. e. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not record any wounds sustained as a result of hostile action. 6. On 31 May 2018, the Board considered his request but found no evidence of record showing he was wounded as a result of hostile action in Vietnam. The Board denied award of the Purple Heart but added several other medals to his DD Form 214. As such, he was issued a DD Form 215 (Correction to DD Form 214) that added: * Bronze Star Medal * Army Good Conduct Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 7. On 25 February 2021, the Board reconsidered his request for award of the Purple Heart. After reviewing the application and all supporting documents, the Board found relief is not warranted. The Board found no documentation confirming the applicant's claim that he was wounded during his service in Vietnam and awarded the Purple Heart. In the absence of documentation confirming he was wounded as a result of hostile action or documentation confirming that he received the Purple Heart, the Board determined there is no basis for adding this award to his DD Form 214 at this time. 8. By regulation (AR 600-8-22), 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 * the medical treatment must have been made a matter of official record 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 Board carefully considered the applicant’s contentions, the military record, and regulatory guidance. In accordance with regulatory guidance on awarding the Purple Heart, there must be substantiating evidence to verify that a Service member 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. In it’s review of the documentation presented, the Board found no evidence of any new supporting evidence in the applicant’s military record nor did the applicant provide any for consideration of the request by the Board. Based on the preponderance of evidence, the Board determined insufficient to warrant recommendation for 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: The Board determined 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 in Dockets Number AR2016001, on 2 May 2018 and AR20190011073, on 25 February 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. REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 2. Army Regulation (AR) 600-8-22 (Military Awards), prescribes policies and procedures for military awards and decorations, to include the Purple Heart. a. 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 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. When contemplating an award of this decoration, the key issue that commanders must take into consideration 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 the sole justification for the award. b. 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 3. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001343 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1