IN THE CASE OF: BOARD DATE: 13 October 2022 DOCKET NUMBER: AR20220004549 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 AR20200004970, on 19 November 2020. 2. The applicant states he has asked before to receive his Purple Heart but was denied by the Board. On 18 February 1970, they were hit with three rounds of friendly fire while in contact with the enemy on that day. Mr. died and they had other injuries included himself. The medic knew about his injuries, but he (the applicant) chose to stay with his men during this time of confusion. He received a medal with V device but refused the medic for putting him in for the Purple Heart. He would like for the Board to reconsider his request for the Purple Heart. He is already 100% disabled for post-traumatic stress disorder. His noble act was misunderstood. 3. Review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 5 August 1968, and he held military occupational specialty 11B (Light Weapons Infantryman). b. He served in Vietnam from 26 August 1969 to 9 August 1970, during four campaigns. He was assigned to Company D, and Headquarters and Headquarters Company, 2nd Battalion, 8th Calvary, 1st Cavalry Division. c. General Orders Number 1794, issued by Headquarters, 1st Cavalry Division on 4 February 1970, awarded him the Army Commendation Medal with V Device for heroism on 7 January 1970. (The order does not indicate he was wounded.) d. General Orders Number 4303, issued by Headquarters, 1st Cavalry Division on 23 March 1970, awarded him the Bronze Star Medal with V Device for heroism on 28 February 1970. (The order does not indicate he was wounded.) e. General Orders Number 8672, issued by Headquarters, 1st cavalry Division on 27 May 1970 awarded him the Air Medal for meritorious achievement from July 1969 to May 1970. f. General Orders Number 12282, issued by Headquarters, 1st Cavalry Division on 11 July 1970 awarded him the Bronze Star Medal (1st oak Leaf Cluster) for meritorious service from June 1969 to August 1970. g. He was honorably released from active duty in pay grade E-5 on 11 August 1970. He was credited with completing 1 year, 11 months, and 22 days of active service. His DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with “1960” device * Combat Infantryman Badge * Army Commendation Medal * Bronze Star Medal * Air Medal * 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 as a result of friendly fire (in the heat of battle)) 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 (or friendly fire). 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 medical records 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 friendly action in the heat of battle or treatment for such injury. 5. On 19 November 2020, 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 by: * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 5 August 1968 through 12 August 1970 * adding the Bronze Star Medal (2nd Award) with "V" Device, Army Commendation Medal with “V” Device, Army Good Conduct Medal (1st Award), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, and Vietnam Service Medal with four bronze service stars b. The Board denied the Purple Heart after the Board found insufficient evidence confirming the applicant’s account of having been wounded during his service in Vietnam, without additional evidence, such as medical records, eyewitness statements, or other documentation confirming he was wounded. 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 12 August 1970: * Bronze Star Medal (2nd Award) with "V" Device * Army Commendation Medal with “V” Device * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with four bronze service stars 7. AR 600-8-22 (Military Awards) provides for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. 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 required treatment by medical personnel * the medical treatment was 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 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. 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 AR20200004970 on 19 November 2020. 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 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: * 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 600-8-22 also provides for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. 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. 4. 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 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) AR20220004549 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1