IN THE CASE OF: BOARD DATE: 31 March 2023 DOCKET NUMBER: AR20220009114 APPLICANT REQUESTS: reconsideration of his previous request for award of the Purple Heart (PH) and a telephonic hearing with the Board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 1 June 2022 * DA Forms 1 (Morning Report), 9 April 1967 and 10 April 1967 * DA Form 4980 (Purple Heart Certificate), 10 April 1967 (for another Soldier) * letter, to Congressman, 30 July 2012 * letter, NARA, 3 December 2012 * witness list, 25 October 2013 * letter to National Archives and Records Center (NARA), 28 January 2013 * NARA Invoice, 8 April 2013 * Letter, 22 April 2022 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration and reconsideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060014387 on 3 July 2007, and in AR20140002152 on 18 September 2014. 2. The applicant provided a new document that warrants Board review at this time. 3. The applicant provided copies of: a. DD Forms 1, 9 April 1967 and 10 April 1967, previously considered by the Board. b. A DA Form 4980, 10 April 1967 for another Soldier, previously considered by the Board. c. Letter of support from 1 May 2011, with a copy of his DA Form 4980 (PH Certificate from 19667), previously considered by the Board. d. Congressional correspondence, 30 July 2012, previously considered by the Board. e. A letter to NARA, requesting military records, 3 December 2012, previously considered by the Board. f. A witness list, not previously considered by the Board. g. A Letter to NARA, 28 January 2013, with an invoice for copying, 8 April 2013, previously considered by the Board. h. A letter of support, 22 April 2022, showing he was a platoon leader riding in the same M-113 Armored Personnel Carrier (APC) as the applicant. The APC ran over a land mine which exploded, injuring the three occupants, including the applicant. All three were medically evacuated to the 12th Evacuation Hospital at Ch Chi Base Camp. 4. A review of the applicant's available service records shows the complete service records and details of his service in Vietnam and the date he contends he was wounded, are not available for review: The available records contain or show: a. His records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 1 September 1967, showing on 2 September 1964, he enlisted in the regular Army for a period of 3 years. After completing Basic Combat Training, he was awarded the military occupational specialty 11B (Light Weapons Infantryman). b. He served in Vietnam from 15 December 1964 to 11 February 1967, for approximately 27 months, however his unit of assignment cannot be determined from the available records. c. He was honorably released from Active Duty on 1 September 1967 and transferred to control of the U.S. Army Reserve Control Group (Reinforcement). His terminal date of Reserve obligation was 1 September 1970. His DD Form 214 shows he was awarded or authorized: * Vietnam Service Medal with two bronze service stars * Bronze Star Medal * Republic of Vietnam Campaign Medal * Combat Infantryman Badge * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) d. He had broken time from 2 September 1970 to 18 January 1977. e. On 19 January 1977, he enlisted in the U.S. Army Reserve for 1 year at grade/pay grade specialist/E-4. f. Following a series of reenlistments and service consisting of Active Duty, Reserve Component service, and service in the Army National Guard, he was retired from the North Carolina Army National Guard on 30 June 1997. g. His NGB Form 22 (Report of Separation and Record of Service), 30 June 1997, does not show he was awarded the PH. h. His DA Form 2-1 (Personnel Qualification Record), does not list the PH in item 9 (Awards, Decorations, and Campaigns). i. His DA Form 20 (Enlisted Qualification Record), the contemporaneous form on which wounds received in combat would have been recorded, is not available for review. His records are void of medical records and a medical technician or a physicians notations showing combat wounds. j. He was placed on the Retired List on 14 April 2006. k. The applicant's name is not shown on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. l. His records are void of orders showing he was awarded the PH. m. On 3 July 2007 and in ABCMR Docket Number AR200670014387, the Board found no evidence in his record showing conclusively he was wounded as the result of hostile action. The Board further found his records contained evidence supporting administrative corrections for additional awards and decorations and issued him a DD Form 215 (Correction to DD Form 214), his Vietnam Service Medal should show four bronze service stars for the campaigns he participated while he was in Vietnam, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and his service dates in Vietnam. n. On 18 September 2014 and in ABCMR Docket Number AR20140002152, the Board reconsidered his request for the PH with the new evidence he provided, including a partially indecipherable morning report. This report, 10 April 1967, indicates he was reassigned to the 12th Evacuation Hospital effective 8 April 1967, and his status was changed from duty to WIA (Wounded in Action) due to a possible fractured nose. The Board found there was insufficient evidentiary basis for granting his request. 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 Board carefully considered applicant’s contentions, military record, and regulatory guidance on the award of the Purple Heart. The Board noted that documentation indicates that he received a fracture to his nose; however, there is no further information regarding the circumstances under which it occurred. Based on the preponderance of evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 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 AR20140002152 on 18 September 2014 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 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. a. 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. b. the Board’s governing regulation, states applicants are not entitled to a hearing before the Board; however, the request for a hearing may be authorized by a panel of the Board or by the Director of the ABCMR. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. A Purple Heart is authorized for the first wound suffered under conditions indicated above; an oak leaf cluster is awarded to be worn on the medal or ribbon for each subsequent award. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. 3. U.S. Army Vietnam (USARV) Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed policies, responsibilities, and criteria for awards in order to insure prompt and proper recognition of individuals. The regulation reads, in part: a. The Purple Heart may be awarded to U.S. personnel who are wounded or killed in action as a direct result of enemy action. b. A wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received must have been made a matter of official record. c. Authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009114 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1