IN THE CASE OF: BOARD DATE: 22 March 2023 DOCKET NUMBER: AR20220003661 APPLICANT REQUESTS: The award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * USARV (U.S. Army, Republic of Vietnam) Form 232 (Abbreviated Aircraft Accident Combat Damage Report) with photo and statement * Two web printouts * Air Medal Citation * GSA (General Services Administration) Form 6929 (Reply to Medical Inquiry) * Standard Form (SF) 600 (Health Record – Chronological Record of Medical Care) * DD Form 1380 (U.S. Army Field Medical Card) * Annals of Surgery Article, December 1967 issue * DA Form 1574 (Daily Staff Journal or Duty Officer's Log) * Applicant Department of Veterans Affairs (VA) file FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, in effect, he has been requesting his records for years, but when he finally received copies, he noted his medical records did not specify the manner in which he incurred the wound to his right arm. a. While on a combat mission in Vietnam, the applicant jumped off a jungle trail and cut his right forearm on a punji stake, and because the wound was minor, he did not immediately seek medical treatment; unfortunately, there were no witnesses. The applicant notes that, prior to entering the military, he had been a Golden Gloves boxer and played hockey without a helmet, so a small cut on his right arm did not seem like a big deal. Additionally, his mission was reconnaissance, and, as such, he made daily forays into villages, mountains, and jungles looking for the enemy; coming across punji stakes was a common occurrence. The applicant additionally includes DA Forms 1574 to give the Board an idea of what was happening in his unit; they saw a lot of action. b. The applicant argues the doctors who ended up treating him should have stated the wound resulted from an enemy's punji stake; although the applicant acknowledges he can no longer recall if any of the medical personnel asked him about how he got the wound (he was deathly ill at the time), they nonetheless should have put him in for a Purple Heart. c. The applicant declares he served in the 1st Cavalry Division (Airmobile) from 1967 to 1968. He was part of a reconnaissance team, and he fought in the TET offensive, survived a helicopter crash, and made it through 364 days of combat. The applicant also points out that 1967 and 1968 were the bloodiest years of the Vietnam War, and his unit accounted for almost half of the 1st Cavalry Division's kills; for his part, he earned the Air Medal, the Combat Infantryman Badge, and other awards for his service. d. With regard to his right arm wound, his medical records indicate medical authority admitted him into a field hospital, on 5 September 1967; his right arm had swollen to two or three times its normal size, and he had a high fever and was vomiting. (1) The doctors diagnosed Cellulitis, and the applicant remained in the hospital for 5 days while doctors treated him using an IV and drained and abraded his wound; the applicant emphasizes that the treatment he received was the "IDENTICAL TREATMENT GIVEN TO SOLDIERS THAT HAD PUNJI STAKE WOUNDS" (emphasis added by applicant). (2) The applicant then quotes from a periodical titled, "Annals of Surgery," dated December 1967, in which Army doctors describe the types of wounds and the treatments for injuries sustained from punji stakes; the article states, between January and September 1966, 324 1st Cavalry Soldiers received treatment for punji stake wounds. e. The applicant declares, "I am a Christian man, used the GI bill for college, worked 35 years as a Prison Warden in [applicant's home state], then taught Criminal Justice at for 10 years. I am NOT a shyster trying to scam the system. I believe in my heart I deserve this correction/Purple Heart, and, although I threw all my medals away in the 60s, I do want to now leave them to my daughters when I die." 3. The applicant provides: a. SF 600, with entries for 5, 13 and 26 September 1967: * 5 September 1967 – "DX: Cellulitis + abscess R arm"; "RX: I&D 5 Sept 67 Pen + Chloro"; "Admitted 5 Sept 67 Discharged 10 Sept 67 Disp: Quarters Return 12 Sept 67 Pen-V-K x 4 days" * 13 September 1967 – "Return as per above...still has some (not legible) about area but most of tenderness gone... Duty" * 26 September 1967 – "Derm ... 20 w/m c? weeping, vesicular erythematous rash arms, chest, face, duration 3 days" "Imp: Contact Dermatitis" b. DD Form 1380 dated 10 September 1967. The form shows the medical authority initially saw the applicant on 5 September 1967; the applicant returned to duty, on 10 September 1967: * Item 14 (Diagnosis) – Cellulitis; Item 15 (Line of Duty): Yes * "Nature of Casualty or Illness – Disability, Injury or Sick: Yes or No – Enemy Action: Yes or No" – the form indicates the applicant was sick, and the illness was not the result of enemy action c. Article from Annals of Surgery, December 1967, and titled, "Punji Stick Wounds: Experience with 342 Wounds in 324 Patients in Vietnam." (1) The applicant has highlighted a paragraph under the heading, "Clinical Material," wherein the authors report their data was taken from the treatments for 324 patients at the surgical hospital supporting the 1st Cavalry Division (Airmobile). (2) The applicant has additionally highlighted parts of the paragraphs detailing methods of treatment. d. Two web printouts reflecting a number of casualties, by year, during the Vietnam War and showing that the applicant's former unit accounted for 50 percent of enemy Soldiers killed. e. USARV Form 232, with associated photo and statement, pertaining to a helicopter crash, on 9 July 1967. f. The applicant's Air Medal citation, for the period 21 July to 4 November 1967. g DA Forms 1574, reporting events occurring at the applicant's former unit, on 16 March 1968; the applicant highlights entries describing the effects of incoming enemy ordnance and detailing five instances of combat with the enemy. h. The applicant submits 1,326 pages of documents he obtained from the VA; the documents reflect the applicant's efforts to secure VA benefits and gain service- connection for his medical conditions, including his right arm injury that resulted in a hospitalization for Cellulitis. In addition to documents from the applicant's service treatment records, the documents relevant to his right arm Cellulitis show the following: (1) In 1985, the applicant filed an Agent Orange claim, maintaining exposure to Agent Orange caused him to sustain a severe arm rash that required hospitalization; Agent Orange exposure also contributed to such medical problems as Ischemic Heart Disease. (2) In May 2010, the applicant requested VA disability compensation for his Ischemic Heart Disease; in support of his claim, the applicant wrote: (a) "I base this claim upon my service to my country an infantryman with the 1st Cav, U.S. Army in Vietnam from 1967 -1968. I was directly exposed to agent orange, both when it was used around the perimeter of our base camp, as well as during air mobile recon missions to numerous locations through-out Vietnam." (b) "I also suffered a severe rash/burn after one of these exposures where my right arm was swollen to twice its normal size, I had a fever and was put in a field hospital for several days. My arm was lanced to reduce the swelling and to drain the puss (sic), etc. I still have the scar on my right arm to prove it. After approximately a week in the field hospital, I was not sent back to my infantry unit but was reassigned for my last weeks in Nam to a field PX (Post Exchange) store." (3) On 10 September 2010, a doctor treating the applicant for a skin eruption stated, "Condition has existed for over 30 years. Area of concern is located on the right arm." "The itching on his R arm started after he was in Vietnam. He did have an injury to that arm; he was exposed to Agent Orange, had cuts on his arm, and the arm became infected and extremely swollen." (4) On 16 April 2012, the VA advised the applicant it had decided against granting service-connection for the applicant's right arm condition. (5) VA Rating Decision, dated 23 November 2013, shows the VA gave the applicant a combined 90 percent disability rating for the following medical conditions: * Ischemic Heart Disease/Coronary Artery Disease – 60 percent * Sleep Apnea Associated with Post-Traumatic Stress Disorder (PTSD) with Alcohol Abuse – 50 percent * PTSD with Alcohol Abuse – 50 percent * Tinnitus – 10 percent * Skin Condition, Fingers, Minimal – 0 percent * Hearing Loss – 0 percent * Bilateral Shoulder Burn Scars – 0 percent * Sinusitis and Right Arm Condition – Not Service-Connected 4. A review of the applicant's service records shows: a. On 7 September 1966, the Army of the United States (AUS) inducted the applicant for a 2-year term of obligated service. Upon completion of basic combat training, the applicant's leadership awarded him an accelerated promotion to private (PV2)/E-2. Effective 30 January 1967, orders reflected the applicant's graduation from advanced individual training for military occupational specialty (MOS) 11B (Light Weapons Infantryman). b. Following his infantry school graduation, orders transferred him to Fort Sill, OK for officer candidate school (OCS); he arrived at Fort Sill, on 17 February 1967. In or around March 1967, the applicant received reassignment instructions for Vietnam; he arrived in Vietnam, on 29 April 1967, and, in May 1967, orders further assigned him to the 9th Cavalry, 1st Cavalry Division (Air Mobile). c. Headquarters, 1st Cavalry Division (Air Mobile) General Orders (GO), dated 29 July 1967, awarded the applicant the Air Medal (1st Award), for the period April to July 1967. Effective 5 March 1968, the applicant's leadership promoted him to sergeant (SGT)/E-5. On 13 April 1968, Headquarters, 1st Cavalry Division (Air Mobile) GO awarded the applicant the Army Commendation Medal for meritorious service during the period April 1967 to April 1968. On 26 April 1968, the applicant completed his tour in Vietnam, and orders transferred him to an infantry battalion at Fort Riley, KS; he arrived at his new unit, on or about 15 May 1968. d. On 17 June 1968, orders honorably discharged the applicant so he could attend school; his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 9 months, and 11 days of his 2-year AUS term. (1) Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following: * National Defense Service Medal * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar * Air Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Combat Infantryman Badge * Two overseas bars (2) Item 30 (Remarks) does not reflect the applicant's service in Vietnam. e. Headquarters, 1st Cavalry Division (Air Mobile) GO, dated 30 June 1968, awarded the applicant the Air Medal (2nd through 4th Awards). 5. The Vietnam Casualty Roster is a listing of Vietnam-era casualties commonly used to verify the entitlement to the award of the Purple Heart. The applicant's name is not on this roster. Additionally, a review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era, between the years 1965 and 1973 and maintained by the U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart pertaining to the applicant. 6. During the applicant's era of service, Army Regulation (AR) 672-5-1 (Military Awards), prescribed policies and procedures for the individual and unit military awards. a. The Purple Heart was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. b. Beyond showing that a Soldier sustained a wound or injury, approval of the Purple Heart required substantiating evidence that validated the wound resulted from hostile action, the wound/injury was serious enough to require treatment by medical personnel, and the medical personnel must have recorded the treatment a matter of official record. c. The regulation's approval authority for the issuance of Purple Hearts was the commanding general of any separate force who was in the grade or position of major general or higher, or by any field grade officer to whom the commanding general had delegated authority; in addition, hospital commanders could award the Purple Heart to eligible medical evacuees wounded in combat during Vietnam. 7. MEDICAL REVIEW: a. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents, the Record of Proceedings (ROP), and the applicant's available records in the Interactive Personnel Electronic Records Management System (iPERMS), the Armed Forces Health Longitudinal Technology Application (AHLTA), the Health Artifacts Image Management Solutions (HAIMS) and the VA's Joint Legacy Viewer (JLV). The applicant requests Purple Heart Award for his right arm injury he states is the result of being wounded by a punji stake. He stated that he was admitted to a field hospital in Vietnam on 05Sep1967 due to the injury. b. 07Sep1966 Record of Induction. He was acceptable for induction with PULHES 111111. The applicant was in Vietnam from 29Apr1967 through 26Apr1968. He was discharged from service 17Jun1968. c. Medical records (1) 05Sep1967 Chronological Record of Medical Care. The applicant was treated for Cellulitis and Abscess, Right Arm. He was treated with incision and drainage of the abscess and antibiotic. He was admitted from 05-09 September 1967. He was discharged 10Sep1967. He was seen in follow up on 13Sep1967, but neither visit indicated the etiology or inciting event of the infection. However, DD Form 1380 with diagnosis Cellulitis of Right Arm (with date of occurrence recorded as 05Sep1967) showed that for the question concerning the nature of casualty or illness, ‘sick’ was selected (as opposed to injury); and for ‘enemy action’ the answer ‘no’ was selected. (2) 26Sep1967 Chronological Record of Medical Care. The applicant was seen for a weeping vesicular erythematous rash on both arms, chest, and face for 3 days. Diagnosis: Contact Dermatitis. He was treated with Burrow Soaks and hydrocortisone lotion. The etiology or inciting event of this condition was also NOT documented during the treatment visit. (3) 10Sep2010 Medical Record submitted to the Detroit VA Regional Office. The following was reported during this visit: Itching started in his right arm in Vietnam; he had an injury to the right arm; he was exposed to Agent Orange—he had cuts on his arm and the arm became infected and extremely swollen. Of note, the skin exam showed a brown scaly macule on the posterior aspect of the right upper shoulder and an erythematous macule on the right and left parietal scalp, right temple and lower left forehead. Diagnosis: Actinic Keratosis; and Pruritis, Right Forearm (Brachioradial pruritis versus sensory nerve damage from past injury); and Seborrheic Keratoses versus Atypical Melanocyte Lesion. d. The 23Nov2013 VA Rating Decision showed that the VA service connected the following disabilities Ischemic Heart Disease/Coronary Artery Disease 60%; Sleep Apnea Associated PTSD with Alcohol Abuse 50%; PTSD with Alcohol Abuse 50%; Tinnitus 10%; Skin Condition, Fingers, Minimal 0%; Hearing Loss 0%; and Bilateral Shoulder Burn Scars 0%. Right Arm Condition due to Agent Orange was not service connected. e. Because the Purple Heart requires contemporaneous documentation in medical records, this review focused on available service treatment records. Cellulitis is a skin infection that develops as a result of bacteria entering through a break in the skin. These breaches can be caused by a myriad of events to include something as innocuous as scratching an itch, or as virulent as the bite of a venomous insect, or as traumatic as a puncture from a punji stake. Because it is possible to develop cellulitis (and an abscess) from many sources even without an obvious injury, it would not be conventional to presume that the applicant’s episode in September 1967 was the result of a punji stake for the purposes of Purple Heart eligibility, especially without other supportive contemporaneous documentation—the DD Form 1380 did not indicate that the episode was the result of an injury. It is also important to note that the treatment for cellulitis with an abscess regardless of the etiology involves use of antibiotics and incision and drainage. Recommendation: The evidence submitted is not sufficient to support eligibility requirements for the Purple Heart award. 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 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 regulation. Upon review of the applicant’s petition, available military records and medical review, the Board concurred with the advising official finding the evidence submitted by the applicant is not sufficient to support eligibility requirements for award of the Purple Heart. The Board agreed there was insufficient evidence that showed the applicant’s name on the casualty listing or notification to his family that he had been wounded. There is no medical record showing the applicant received wounds caused by enemy forces that required treatment by medical personnel. 2. Furthermore, the Board determined that no documentation or supporting statements indicated the applicant had loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function as specified in the criteria for award of the Purple Heart. 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. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): 1. AR 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 was to list all decorations, service medals, campaign credits, and badges awarded or authorized. Additionally, change 11, effective January 1970, required the DD Form 214 to show a separating Soldier’s Vietnam service in item 30 (Remarks). 2. AR 600-8-22 (Military Awards), currently in effect, states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States based on their qualifying service in Vietnam after 3 July 1965 through 28 March 1973; a bronze service star will be awarded for wear on the Vietnam Service Medal for the Soldier’s participation in each recognized campaign, including: * Counteroffensive, Phase II (1 July 1966 to 31 May 1967) * Counteroffensive, Phase III (1 June 1967 to 29 January 1968) * Tet Counteroffensive (30 January 1968 to 1 April 1968) * Counteroffensive, Phase IV (2 April 1968 to 30 June 1968) 3. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) shows: a. Department of the Army General Order (DAGO) Number 37, dated 1970, awarded the 1st Squadron, 9th Cavalry the Valorous Unit Award, for the period 1 through 31 October 1967. b. DAGO Number 8, dated 1974, awarded all units that served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 4. GO awarded the applicant the Army Commendation Medal and the Air Medal (2nd through 4th Awards). 5. Based on the foregoing, amend the applicant's DD Form 214, ending 17 June 1968, as follows: a. Delete the Vietnam Service Medal and the Air Medal. b. Add the following to item 24: * Air Medal with Number "4" * Army Commendation Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation c. In Item 30 (Remarks), add the comment: “SERVICE IN VIETNAM FROM 29 APRIL 1967 TO 26 APRIL 1968." REFERENCES: 1. Title 10, USC, 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. Title 10, United State Code, section 1556 (Ex Parte Communications Prohibited) provides the Secretary of the Army shall ensure that an applicant seeking corrective action by ARBA is provided a copy of all correspondence and communications, including summaries of verbal communications, with any agencies or persons external to agency or board, or a member of the staff of the agency or Board, that directly pertains to or has material effect on the applicant's case, except as authorized by statute. 3. AR 672-5-1, in effect at the time, prescribed policies and procedures for individual and unit military awards. a. The Purple Heart was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. b. Beyond showing that a Soldier sustained a wound or injury, approval of the Purple Heart required substantiating evidence that validated the wound resulted from hostile action, the wound/injury was serious enough to require treatment by medical personnel, and the medical personnel must have recorded the treatment a matter of official record. c. The regulation's approval authority for the issuance of Purple Hearts was the commanding general of any separate force who was in the grade or position of major general or higher, or by any field grade officer to whom the commanding general had delegated authority; in addition, hospital commanders could award the Purple Heart to eligible medical evacuees wounded in combat during Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003661 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1