IN THE CASE OF: 

		BOARD DATE: 24 February 2023

		DOCKET NUMBER: AR20220003043


APPLICANT REQUESTS: reconsideration of his previous request to be awarded the 
Purple Heart.

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

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) 
*	DD Form 215 (Correction to DD Form 214)
*	Congressional Letter
*	Sworn Statement
*	Clinical Record Cover Sheet
*	Progress Notes, Consults, Nurse’s Records and Notes
*	Report of Medical History
*	Patent Clearance Record

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 AR20040002181, on 25 January 2005.

2.  The applicant states he is requesting to be awarded a Purple Heart for injuries 
sustained in Vietnam as a ult of friendly fire. He sustained injuries while working as a 
Diver in Qui Nhon, Vietnam. At the time of his injury, he was assigned to the 544th 
Transportation Company, and then attached to the 497th Engineer Company. They 
were on a dive using World War II Bangalore Torpedoes to clear an underwater 
obstruction to allow access for landing craft to the beach. They ran 1000 feet of 
detonation cord and 500 feet of electrical wire (1500 feet away) which was attached to 
the torpedoes. The torpedoes failed to detonate, and the detonation cord crushed the 
end of the torpedoes. They then reset the charge with the only things they had left, a 
blasting cap and 500 feet of electrical wire. The torpedoes, 3000 pounds of explosives, 
did explode that time, unfortunately they were too close to the blast, only 500 ft away. 
Specialist Five sustained a minor injury on his leg, and Specialist did not sustain any 
visible injuries. He sustained a serious shrapnel wound to his left chest and was 
hospitalized in Qui Nhon. His wound was considered friendly fire and he was not issued 
a Purple Heart at the time. He understands that he is eligible for a Purple Heart and that 
ruling was made retroactive to include Vietnam.

3.  Review of the applicant’s service records shows: 

	a.  He enlisted in the Regular Army on 19 July 1965, and he held military 
occupational specialty 00B, Diver. 

	b.  He served in Vietnam from 17 January 1966 to 20 August 1967. He was 
assigned to 497th Engineer Company.

	c.  Her was honorably released from active duty on 18 July 1968 after completing 3 
years of active service. He was awarded or authorized: 

*	National Defense Service Medal
*	Marksman Marksmanship Qualification Badge with Rifle Bar 
*	Good Conduct Medal
*	Vietnam Service Medal
*	Vietnam Campaign Medal
*	Salvage Diver's Badge
*	First Class Diver's Badge

	d.  On 5 January 2005, the Board considered his case for award of the Purple Heart. 
The Board denied his request because the Board did not find evidence of an injury as a 
result of hostile action. The Brad stated: 

		(1)  The medical evidence provided by the applicant indicated the rise and fall of 
his temperature over a certain timeframe during September 1966. There is no evidence 
of record which shows that he received a shrapnel wound to his left chest as a result of 
hostile action or to show that he sustained a wound in the "heat of battle" by a projectile 
released to destroy the enemy while serving in Vietnam. Therefore, the evidence 
presented does not qualify for award of the Purple Heart.

		(2)  There are no orders officially awarding the applicant the Purple Heart, he is 
not listed on the Vietnam Casualty List, and there are no medical records available to 
show that he was treated for a wound as a result of hostile action. Therefore, based on 
the available evidence presented, there is insufficient basis to approve an award of the 
Purple Heart.  

	e.  The Board did however find that he qualified for additional awards that were 
omitted from his DD Form 214. As a result, he was issued a DD Form 215 that added: 
*	three bronze service stars with the Vietnam Service Medal
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Meritorious Unit Commendation.

4. The applicant provides Congressional correspondence related to the Purple Heart, 
and: 

	a.  Reconstructed DA Form 4187, Personnel Action, signed by the applicant on 3 
March 2022, recommending himself for the Purple Hear for wounds/injuries received in 
action, on 09/03/1966, at Qui Nohn Bay. He states he was using World War II 
Bangalore Torpedoes to remove an underwater obstruction to allow access for landing 
craft utility's (LCUs) to the beach. Complete unit of assignment at the time of incident: 
Attached to the 544th Transportation Company on assignment with the 497th Engineer 
Company.

	b.  Sworn Statement wherein he states in September 1966, while performing his 
duties as a diver, he received a serious shrapnel wound to his left chest and w 
hospitalized in Qui Nhon. At the time of his injury, he was attached to the 544th 
Transportation Company and was on temporary duty (TDY) with the 497th Engineer 
Company. He as using World War II Bangalore Torpedoes to remove an underwater 
obstruction to allow access for landing craft utility (LUCs) to the beach. His wound was 
considered friendly fire and he was not issued a Purple Heart at the time. He 
understands that he is eligible for a Purple Heart and that ruling was made retroactive to 
include Vietnam. Public Law 104-106 authorized the award for wounds received as a 
result of friendly fire. Please see the Clinical Record Cover Sheet dated 19660917 to 
see the severity of the injuries he suffered from. 

	c.  Clinical Record Cover Sheet dated 3 September 1966, that shows he sustained a 
fragment wound of the thoracic region. He was accidently hit by debris while exploding 
torpedoes in Qui Nhon Bay on 3 September 1966 at 1500 hours. He underwent 
debridement of the chest wound and insertion of chest tubes. Then, on 8 September 
1966, he underwent a delayed primary closure of the chest. 

	d.  Clinical Record Cover Sheet dated 3 September 1966 regarding his injury. It 
states “EM (Enlisted Member) was accidentally hit by debree [sic] (debris) while 
exploding torpedoes in Qui Nhon Bat at 1500 hours on 3 September 1966. His 
treatment consisted of debridement of the chest wound and later closure of the chest. 

	e.  various chronological records of medical care, clinical records, nursing notes, 
doctor progress notes, charts, operation report, anesthesia document, doctor’s orders, 
radiography reports, laboratory reports, temperature/pulse/respiration document, and 
other medical documents related to his accidental injury. 

3.  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; and the 
medical treatment must have been made a matter of official record.

4.  AR 600-8-22 defines death or wounding by friendly fire as follows: Servicemember(s) 
killed in action or wounded in action mistakenly or accidently by friendly forces who are 
directly engaged with the enemy and directing fire at a hostile force or what is thought to 
be a hostile force. 

5.  AR 600-8-22 states the Purple Heart is authorized after 7 December 1941, pursuant 
to 10 USC 1129, as a result of friendly fire provided the member was killed or wounded 
in action by friendly weapon fire while directly engaged in armed conflict, other than the 
result of an act of an enemy of the United States, unless (in the case of a wound) the 
wound is the result of the willful misconduct of the member.

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. The 
evidence shows the applicant sustained a fragment wound of the thoracic region after 
he was accidently hit by debris while exploding torpedoes in Qui Nhon Bay on 3 
September 1966. He underwent debridement of the chest wound and insertion of chest 
tubes. The applicant’s injury does not meet the criteria of the Purple Heart in that the 
applicant was not wounded by friendly weapon fire while directly engaged in armed 
conflict with the enemy and directing fire at a hostile force. 
?
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 Dockets Number 
AR20040002181, on 25 January 2005.1.  

	 
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 600-8-22 also states the Purple Heart is authorized after 7 
December 1941, pursuant to 10 USC 1129, as a result of friendly fire provided the 
member was killed or wounded in action by friendly weapon fire while directly engaged 
in armed conflict, other than the result of an act of an enemy of the United States, 
unless (in the case of a wound) the wound is the result of the willful misconduct of the 
member.

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 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)	AR20220003043


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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