IN THE CASE OF: BOARD DATE: 22 March 2023 DOCKET NUMBER: AR20220007033 APPLICANT REQUESTS: 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) * DA Form 8-275-2 (Clinical Record Coversheet), 16 February 1968 * Report of Medical History, 2 May 1968 * Department of Veterans Affairs (VA) Rating Decision, 21 October 1968 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 AR2004105982 on 14 December 2004. 2. The applicant provides a new argument which was not previously considered by the Board. The applicant states, in effect, he is requesting issuance of the Purple Heart for injuries he received while serving in a combat zone, as a result of hostile action. The medical documentation from his service treatment shows that on 22 November 1967, while serving in Vietnam, he received multiple fragment wounds as a result of encountering a hostile booby trap while clearing an area. This was noted in his records as an injury received as a result of hostile action in Vietnam; however, he was never awarded a Purple Heart. On his initial request of the Purple Heart, he was told that a citation for a Purple Heart was never written for him and he was given a Vietnam Service Medal with one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 4. The applicant enlisted into the Regular Army on 23 June 1965. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 5. The applicant's DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) shows service in the Republic of Vietnam from 28 September 1967 to 17 December 1967. b. Item 38 (Record of Assignments) shows during his service in Vietnam, he was assigned to Company E and Company C, 3rd Battalion, 39th Infantry, 9th Infantry Division as an Infantry Team Leader. On 18 December 1967, he was assigned to the Medical Holding Company, Womack Army Hospital, Fort Bragg, NC as a patient. c. Item 40 (Wounds) does not list any wounds. d. Item 41 (Awards and Decorations) lists the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, and the Good Conduct Medal (1st Award) 6. The applicant provides DA Form 8-275-2, which states he was admitted into the hospital and received the following diagnoses which occurred at approximately 1015 hrs on 22 November 1967, due to hostile action in Vietnam: * Wounds, fragment, multiple, both upper and lower extremities without major artery or nerve involvement. * Fracture, comminuted, proximal phalanx of left 5th finger 7. The applicant provides a Report of Medical History, dated 2 May 1968, which states he received multiple fragment wounds to both upper and lower extremities on 22 November 1967, secondary to hostile action in Vietnam. He was taken to the 3rd Surgical Hospital where he underwent initial debridement on the day of the injury. He was transferred to the 3rd Field Hospital in Saigon where he had a delayed closure of the wound on the left small finger on 25 November 1967. Subsequently, he was transferred to Camp Zama and on 30 November 1967 a split thickness skin graft was taken from his left forearm and applied to the left little finger. A short arm cast was applied, and the applicant was evacuated to the continental United States (CONUS) for further convalescence and care. 8. The applicant was honorably released from active duty and transferred to the U.S. Army Reserve on 21 June 1968. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Good Conduct Medal 9. The applicant provided VA rating decision documents, dated 21 October 1968, which shows the following rating decision: * 20%, little finger, left hand, total loss of use * 10%, right leg * 0%, gluteal region and extremities 10. VA documents, dated 17 May 1995, shows the applicant submitted evidence to reopen his claim and the following rating decision was made: * 20%, shrapnel wound little finger left hand * 10%, shrapnel wound right leg * 10%, shrapnel wound left leg * 10%, scars of face * 0%, shrapnel wound left elbow * 0%, shrapnel wounds gluteal region and extremities 11. The ABCMR considered the applicant's request for award of the Purple Heart in ABCMR Docket Number 2004105982, on 14 December 2004. a. The Board denied his request and stated there was no medical evidence available that confirmed the applicant was evacuated from Vietnam based on wounds sustained as a result of hostile action. Although the applicant was received disability compensation from the VA for shrapnel wounds, there was no indication that the shrapnel wounds resulted from hostile action. In the absence of such evidence, it would have been inappropriate to award the applicant the Purple Heart at that time. b. The Board did determine that there was administrative error in the applicant's records not identified by his application and directed that the error be corrected. On 1 July 2005, the applicant was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) for the period ending on 21 June 1968. The following awards were added to the applicant's record: * Vietnam Service Medal with one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge * Expert Qualification Badge with rifle bar * Marksman Qualification Badge with machine gun bar 12. Army Regulation 600-8-22 contains the regulatory guidance pertaining to entitlement to the Purple Heart and requires all elements of the award criteria to be met. There must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment 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. Upon review of the applicant’s petition and available military records, the Board determined there was sufficient evidence to grant award of the Purple Heart. Evidence in the record show the applicant was wounded in action on 22 November 1967, while serving in Vietnam. The Board determined the applicant’s medical records show the applicant. Was hospitalized and underwent initial debridement on the day of the injury. He was transferred to the 3rd Field Hospital in Saigon where he had a delayed closure of the wound on the left small finger. The Board determined, based on regulatory guidance the applicant met the criteria for award of the Purple Heart. The Board found sufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period ending 21 June 1968 to show award of the Purple Heart. 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 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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 that 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. b. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the Service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the Service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. c. When contemplating an award of the Purple Heart, 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 award. d. Examples of enemy-related injuries that clearly justify award of the Purple Heart include concussion injuries caused as a result of enemy-generated explosions resulting in a mTBI 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. e. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mTBI or concussions that do not either result in 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007033 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1