IN THE CASE OF: BOARD DATE: 13 October 2022 DOCKET NUMBER: AR20220004480 APPLICANT REQUESTS: reconsideration of his previous request to be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: Reconsideration Letter 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 AR20140016416, on 7 May 2015. 2. The applicant states a. He is years old, and he is being paid for 100% disability and has been for approximately 3 years for post-traumatic stress disorder and diabetes. He has been on insulin for 10 years. Other issues, including neuropathy in both feet and legs, which has been confirmed Agent Orange related. If you know anyone who sprayed defoliation chemicals from a UH-ID/UH-IH Huey or were a gunner or crew chief, they will tell you what a mess it is on your body and the aircraft. They used JP-4 to get it off them and the aircraft, but this is one issue alone. His other issue is that his very first flight in Vietnam was a LRP extraction, which was hell. They extracted 4 LRP's with one wounded. They were under heavy fire and gun ships were laying clown cover also. The Firebirds 71st Assault Aviation Company was his unit. Truthfully, he figured the first flight was going to be his last, between bullets and dirt flying in the door from artillery and rockets going off. b. Before they got off the ground another one of the LRP team was shot on the aircraft. At that time, he did not know that some tiny pieces of shrapnel had hit him also. They were so tiny that he assumed it was dirt. One hit him in the left arm, but all he saw was a tiny spot like when “you skin yourself.” He just ignored it and never worried about it, but about 5 years ago that spot started itching. He scratched it and low and behold, he dug out a piece of metal about the size of a bb pellet; and he saved it. He also believes he has another small piece in his chest, but he is not too concerned although it itches sometimes. A great souvenir. The crew chief name he remembers was but the pilot he does not. He remembers when they got back, the platoon sergeant said to him "I didn't know what was going to happen. I thought I was sending you on a milk run to break you in." His replay to the platoon sergeant was, "Sarge, just don't send me on milk runs anymore." Just for what it's worth, they counted 27 holes in that aircraft. He assumes that would be from enemy fire which would entitle him to his Purple Heart; and if that's not good enough, he has one more issue. c. He has recently found out that two people that he knows received their Purple Heart for contracting cancer from Agent Orange. He knows one was on television. He hopes the Board sees where he is coming from. All he would like is to get is what he thinks is rightfully his. It means nothing to anyone, but it does to him. He was promoted to E-5 in 8 months in service and crew chief in 2 months. While in Vietnam, he flew over 1,000 hours, night, and day. He was shot down 3 times. 3. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 18 February 1969 for 3 years and he held military occupational specialty 67N (crew chief). b. He served in Vietnam from 12 September 1969 through 11 September 1970, during four campaigns. He was assigned to the 71st Aviation Company. c. General Orders Number 12158, issued by Headquarters, Americal Division on 21 November 1969, awarded him the Air Medal for meritorious achievement from 23 September 1969 through 13 October 1969. d. General Orders Number 6195, issued by Headquarters, Americal Division on 15 June 1970 awarded him the Army Commendation Medal for meritorious achievement from 1 January 1970 to 30 April 1970. e. He was honorably released from active duty in pay grade E-5 on 17 December 1971 and was transferred to the U.S. Army Reserve Control Group (Reinforcement). He was credited with completing 2 years and 10 months of active service. His DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Aircraft Crewman Badge * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal * Two overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 4. There is nothing in several typical sources that shows 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. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not record any wounds sustained as a result of hostile action. c. 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. d. 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. e. His complete medical records for his period of active duty are not available for review with this case. There are no contemporaneous medical records showing he was wounded as a result of hostile action or treatment for such injury. 5. On 7 May 2015, the Board considered his request to be awarded the Purple Heart and other awards. a. The Board granted partial relief and recommended his records be corrected as follows: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 18 February 1969 through 17 December 1971 * adding Air Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Expert Marksmanship Qualification Badge with Grenade Bar, and Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) b. The Board denied the Purple Heart after it determined that there is no evidence of record and he did not provide sufficient evidence showing he sustained a wound or injury as a result of enemy action, received treatment, and that treatment was made a matter of official record for award of the Purple Heart during his periods of service in Vietnam. Additionally, his complete medical records, which are necessary to confirm that treatment was required, are not available for review. Item 40 of his DA Form 20 does not show he was wounded. Item 41 of this form does not list the Purple Heart. His name is also not on the Vietnam casualty roster. 6. As a result of the Board’s decision, the applicant was issued a DD Form 215 that added the following awards to his DD Form 214 ending on 17 December 1971: * Air Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Expert Marksmanship Qualification Badge with Grenade Bar * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) 7. 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 required treatment by medical personnel * the medical treatment was made a matter of official record BOARD DISCUSSION: 1. 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 record. 2. In events involving TBI and other similar injuries, the applicant’s record must show that the 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. 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 to amend the decision of the ABCMR set forth in Docket Number AR20140016416, on 7 May 2015. 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 (AR) 600-8-22 (Military Awards), prescribes policies and procedures for military awards and decorations, to include the Purple Heart. 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. 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * Injury caused by enemy bullet/shrapnel/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 2. 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. 3. 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 considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004480 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1