IN THE CASE OF:    
BOARD DATE: 21 November 2022 
DOCKET NUMBER: AR20220003336 

APPLICANT REQUESTS: award of the Purple Heart. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 
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 he earned the Purple Heart, and he believes he should be able to obtain it; he believes that he has given plenty of time for it to have been delivered. He has never received his Purple Heart and would like to obtain it. He had award documentation that said, "you'll get it" and it never came. [The applicant does not specify the location, date, or circumstances]. 

3. 
A review of the applicant’s service records shows: 


a. 
He served in the Army National Guard from 8 March 1960 to 27 December 1964, holding military occupational specialty 112.00, Heavy Weapons Infantryman. 

b. 
He enlisted in the Regular Army at Fort Polk, LA, on 28 December 1964, and he immediately reenlisted, while in Germany, on 28 December 1965. 

c. 
He served in Vietnam from 12 December 1966 to 9 December 1967. After Vietnam, he served at Fort Hood, TX. 

e. 
He was honorably released from active duty on 16 December 1971 and transferred to the U.S. Army Reserve. His DD Form 214, as amended by a DD Form 215, listed his Vietnam service, and shows he was awarded or authorized: Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal and Campaign Medals, and Sharpshooter Marksmanship Badge with M-14 Rifle Bar. 


ABCMR Record of Proceedings (cont) AR20220003336 
4. 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: 
(1) 
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. 

(2) 
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. 

(3) 
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. 

(4) 
His 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. 

(5) 
His DA Form 20 (Enlisted Qualification Record), which would have listed in Item 40 (Wounds) any wounds sustained as a result of hostile action, and the date, is not available for review. 


5. 
After his release from active duty, he served in the ARNG and/or U.S. Army Reserve, through multiple extensions or reenlistments, and he was ultimately honorably discharged from the U.S. Army Reserve on 24 March 1993. 

6. 
By regulation (AR 600-8-22), to be awarded the Purple Heart, the regulatory guidance requires all elements of the award criteria to be met; there must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment 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 applicant’s contentions, the military record, and regulatory guidance were carefully considered. 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 ABCMR Record of Proceedings (cont) AR20220003336 
record. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the request. 
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 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. 
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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the 


ABCMR Record of Proceedings (cont) AR20220003336 
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. 
3. 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 




4. 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//