IN THE CASE OF: BOARD DATE: 28 March 2023 DOCKET NUMBER: AR20220005937 APPLICANT REQUESTS: reconsideration of previous request for award of the Purple Heart and a personal appearance hearing before the Board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * two self-authored statements, 8 April 2020 and 9 July 2022 * medical document; 8 August 2019 * psychology report; 14 June 2022 * witness statement from Commander 20 April 2022 * Army Board for Correction of Military Records Record of Proceedings, 12 July 2021 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 AR20190013739 on 12 July 2021. 2. The applicant provides new evidence or argument not previously considered by the Board. The applicant states, in effect, he called for artillery on an enemy Soldier observed. He was in a location full of booby traps and had recently been in a firefight in the same area. He had inflicted causalities on the enemy according to blood trails, the incident occurred, and he became unconscious and disoriented. When he regained consciousness, he immediately checked on his men who he had just made dig in. He was disoriented and had headaches for days, however he could not leave the combat zone due to the headaches. Physician treatment for this type of condition was not available in our combat environment. His former Company Commander and civilian medical physician can verify the incident. 3. The applicant commissioned in the Army of the United States on 12 August 1970. He served in Vietnam from 24 August 1971 to 8 June 1972 with D Company, 2nd Battalion, 506th Infantry Regiment, 101st Airbourne Division. 4. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty effective 11 August 1973 and item 24 (Decorations, Medals, Badges Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart. 5. The applicant provides psychology report, dated 14 June 2002, stating in effect, his performance on cognitive measures, while average range is lower than estimated abilities in the superior range, stating this may be related to his traumatic brain injury (TBI) from 1971, his unique baseline testing or a very early identification of a progressive memory condition. He was diagnosis with mild neurocognitive disorder. 6. The applicant provides a witness statement dated 20 April 2022, from previous Company Commander serving with Delta Company, 2nd Battalion 506th Infantry, 101st Airborne Division in Republic of Vietnam which states, in effect, the applicant was a platoon leader in his company when they air assaulted into the jungle near Fire Support Rakkasan. The applicant alerted him to say he could see movement, he contacted the firebase and requested two rounds of 105 artillery to be fired, he could hear the rounds being fired and observed them landing on the applicant’s position. He contacted the applicant and was informed there were no casualties at his position. He was informed his request was too close to their area of operations boundary so “they” changed the coordinates, and this resulted in the artillery rounds falling on the applicants’ positions. “It was a miracle that no one was killed by their actions”. 7. The applicant’s service record does not contain any of the following documentation normally used to help verify entitlement of award of the Purple Heart: Western Union Telegrams and/or letters; casualty feeder reports; medical records indicating hospital/patient status; and/or his name is not listed on the Vietnam Casualty Roster 8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973, maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 9. Regulatory guidance provides the criteria for award of the Purple Heart requires the wound is a result of hostile enemy action, the wound required treatment by a medical officer, the treatment of the wound was documented in the medical record BOARD DISCUSSION: 1. The Board determined the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. 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 of record shows the applicant served in Vietnam from 24 August 1971 to 8 June 1972 with D Company, 2nd Battalion, 506th Infantry Regiment. He provides a psychology report, dated 14 June 2002, stating in effect, his performance on cognitive measures may be related to his traumatic brain injury from 1971, and that he was diagnosis with mild neurocognitive disorder. The evidence he provides does not satisfy the criteria for award of the Purple Herat. There is no evidence he was wounded as result of hostile enemy action, or that his wound required treatment by a medical officer, or that the treatment of the wound was documented in the medical record. 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 AR20190013739 on 12 July 2021. 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: Army Regulation (AR) 600-8-22 (Military Awards) states The Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the Army Services, has been wounded or killed or who has died or may hereafter die after being wounded as a result of hostile enemy action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005937 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1