IN THE CASE OF: 
BOARD DATE: 28 June 2023 
DOCKET NUMBER: AR20220011657 


APPLICANT REQUESTS: in effect, reconsideration of his previous request for award of the Purple Heart. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 

•DD Form 149, Application for Correction of Military Record

•Standard Form 502, Clinical Record-Narrative Summary

•Chronological Record of Medical Care and Treatment

•Partial Physical Examination

•DD Form 214, Armed Forces of the United States Report of Transfer orDischarge

•Witness Statement



FACTS: 

1.Incorporated herein by reference are military records which were summarized in theprevious consideration of the applicant's case by the Army Board for Correction ofMilitary Records (ABCMR) in Docket Number AR20060002826 on 22 August 2006.

2.The applicant states he suffered a grenade wound while serving in the Republic ofVietnam (RVN).

3.A review of his military records shows the applicant enlisted in the Regular Army on29 October 1969.

4.He served in the RVN from 29 March 1971 to 4 January 1972 as a medicalspecialist. His DA Form 20, Enlisted Qualification Record, shows in

•Item 38, Record of Assignment – no entry pertaining to the applicant being apatient during or after his service in the RVN

•Item 40, Wounds, no entry related to the applicant having sustained any combatwounds



5.The applicant’s name is not listed on the Vietnam Casualty Roster.
6.On 30 June 1972, he was honorably released from active duty. His DD Form 214shows he was awarded or authorized:

•Good Conduct Medal

•National Defense Service Medal

•Vietnam Service Medal

•RVN Vietnam Campaign Medal with Device "1960 "

•Sharpshooter Marksmanship Qualification Medal with M-14 Rifle Bar



7.The applicant’s DD Form 214 was corrected on 23 March 2007 to add:

•Vietnam Service Medal with 3 Bronze Service Stars

•RVN Gallantry Cross with Palm Unit Citation

•RVN Civil Actions Honor Medal First Class Unit Citation



8.The applicant provides:

a.A Clinical Record and a Chronological Record of Medical Care and Treatmentwhich show that on 22 December 1971, he was treated at the 85th Evacuation Hospital for a shrapnel wound on the left side of his back, and below the right end of his shoulder. He also provides a partial physical examination conducted on an unknown date (not legible) wherein he indicated that he suffered a shrapnel wound to his left upper back. 

b.A witness statement from a fellow Soldier. This witness, a sergeant/E-5 at thetime, stated that on or about 19 December 1971 at Camp Eagle in the Phu Bai/ Hue area of Vietnam, the 27th Combat Engineer Battalion, was "Standing Down. " According to Stand Down Procedures, they were burning all non-essential papers in a burn barrel.  

(1)He began walking from the burning area located between the bunker and thehootch (Sleeping Area) to the Aid Station when he saw through his peripheral vision one of the Vietnamese women who worked around the dispensary throwing an arm full of papers and rags and what looked like twine or cord.  

(2)A moment later, there was an explosion at the burn barrel and the applicant,who was walking between the burn barrel and him, hollered, "I'm hit." He thought at first the applicant was joking around until he saw that the design on his t-shirt had an expanding red circle where blood was soaking into his shirt from his back. At that point in time, he grabbed the applicant and got him into the treatment room and placed him on a table. He removed the applicant’s blood-soaked shirt, and as he dabbed the blood away, he saw one large piece of shrapnel protruding from his back. He removed this piece of shrapnel. After removing the shrapnel, the doctor arrived and attempted to remove a deeper piece of shrapnel unsuccessfully. The doctor stated that it would be necessary to transport him to a hospital.  

(3)The Vietnamese women was no longer in the camp, and no one really knewwho she was. 

9.The Purple Heart is awarded for a wound or wounds sustained in action against anenemy or as a result of hostile action. Substantiating evidence must be provided thatverifies the wound resulted from hostile action, required treatment by medicalpersonnel, and that 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 warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. The governing regulation provides that the Purple Heart is awarded for a wound or wounds sustained in action against an enemy or as a result of hostile action. The Board noted the applicant provided a Clinical Record and a Chronological Record of Medical Care and Treatment which that shows on 22 December 1971, he was treated for a shrapnel wound on the left side of his back, and below the right end of his shoulder. One possible outcome was to deny the requested relief based upon the absence of documentation in the service record. However, upon review of the applicant’s petition and available military records, the Board majority agreed substantiating evidence was provided to show the applicant was wounded and the treatment was made a matter of official record. The Board determined that the evidence presented is sufficient to reverse the previous Board decision and award the Purple Heart. 


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: :X :X GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:X : : DENY APPLICATION 
BOARD DETERMINATION/RECOMMENDATION: 

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20060002826 on 22 August 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 30 June 1972 by awarding him the Purple Heart. 



Microsoft Office Signature Line...

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, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the Army Board for Correction of MilitaryRecords (ABCMR) to excuse an applicant's failure to timely file within the 3-year statuteof limitations if the ABCMR determines it would be in the interest of justice to do so.

2.Army Regulation 600-8-22, Military Awards, in effect at the time, states:

a.The Purple Heart is awarded for a wound or wounds sustained in action againstan enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record. 

b.A brief description of wounds or injuries (including injury from gas) requiringmedical 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, ABCMR, 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 ABCMR will decide cases on the evidence of record. It is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
 
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