IN THE CASE OF: BOARD DATE: 18 October 2023 DOCKET NUMBER: AR20230000923 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) * Personal Statement 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 AR20190010179 on 27 October 2020. 2. The applicant states he was never issued the Purple Heart. An RPG hit. It knocked him off his truck rendering him unconscious. He woke up at a hospital. a. On or around 29 December 1967, while attached to the 577th Engineers, 18th Brigade, Company D, they were in Ninh Hoa, Vietnam in route back to base on an unknown road. As they drove down a hill and came around a bend in the road a Rocket Propelled Grenade (RPG) struck the front area of the truck they were in. He was thrown from the truck immediately and landed face down in a ditch on the side of the road and lost consciousness. He awakened slightly as a Medic assessed him by poking him in the back with an unknown instrument, possibly a knife; he is not sure. He was assessing to see if he was alive and/or how injured he was. b. A helicopter (Gunship) was called in to Medevac him to nearest Outpost Medical Center in Tuy Hoa, Vietnam. His Unit Sergeant (SGT) at the time, SGT, escorted him on the helicopter as he felt he was one of his men and he should go with him - It was a good thing he did . During their flight, they took on heavy enemy fire and he quickly realized that he was strapped into the gurney, but the gurney was not strapped to the helicopter. As the pilot made a hard right, he almost fell out of the helicopter, SGT able to catch him in the nick of time and prevent him from falling. As they safely navigated and were out of the firefight, their door gunner assisted SGT in pulling him back in the helicopter and they then strapped his gurney to the helicopter. c. He awoke several days later in Trauma Unit in Tuy Hoa, Vietnam with sever head pain, sensitivity to any light, and no recollection of how he ended of there. As it was divulged what happened to him some things did come back, and some things were still quite a blur. A fellow soldier in the bed next to him was awarded a Purple Heart and when his "Doc" and nurses inquired why he did not get one, his fellow soldier next to him stated that "he left because you were sleeping." After two weeks of treatment there he was transported by vehicle back to his unit and finished his tour. Throughout the remaining duration of his tour, his mother was sending him Aspirin because he could not shake the severe headaches he was getting. d. This has remained a solid constant throughout his life, severe headaches, sensitivity to light, slurred speech, etc. Over time it has become clear to him and his VA Providers that the cause of this strife is the undiagnosed and untreated Traumatic Brain Injury he suffered on or around 29 December 1967. As time has gone by it has become important for him to be awarded a Purple Heart for his injury sustained while serving his country which has caused me some odd years of physical anguish – his wound is not visible, but it is very real. He requests the Board consider awarding him a Purple Heart. 3. Review of the applicant's service records shows: a. The applicant was inducted into the Army of the United States and entered active duty on 9 May 1966. He was trained in and held military occupational specialty 64B (Truck Driver). He was initially assigned to Fort Hood, TX. b. His DA Form 20 (Enlisted Qualification Record) reflects overseas service in Vietnam from 11 April 1967 to 10 April 1968. It also shows he was assigned to Companies B, C, and D of the 577th Engineer Battalion (Construction). c. He was honorably released from active duty on 7 April 1968 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligations. His DD Form 214 shows he completed 1 year, 10 months, and 29 days of active service. He was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 4. The applicant’s service records do not contain evidence that shows he was injured or wounded as a result of hostile action a. His service medical records, which would have listed any injuries and treatment of such injuries, are not available for review with this case. b. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury and item 41 (Awards and Decorations) of these forms does not list the Purple Heart as an authorized award. c. The applicant’s name is not shown on the Vietnam casualty roster. The Vietnam casualty roster is a compilation of most of those who were wounded in Vietnam, that is used to verify eligibility for the Purple Heart. d. His service records do not contain an official Army notification or a Western Union telegram notifying his next of kin of an injury. This was a normal notification procedure during the Vietnam War. e. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart, pertaining to the applicant. 5. 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 6. On 27 October 2020, the Board considered his request to be awarded the Purple Heart based on PTSD. After reviewing the application and all supporting evidence, the Board determined that there was insufficient evidence to grant relief. The Board acknowledged the applicant’s wartime service in Vietnam. Regrettably, the Board found no documentation within the official record showing the applicant was wounded as a direct result of enemy contact while in combat or as a result of hostile action or was treated by military medical personnel at the time of the incident. The records available do not indicate any wounds that the applicant had at the time of discharge. Regulatory guidelines state that PTSD is an example of an injury or wound which clearly does not justify award of the Purple Heart Medal. Therefore, there is no indication that the applicant met the regulatory requirements for award of the Purple Heart. 7. On 30 March 2021, he was issued a DD Form 215 (Correction to DD Form 214) that added awards of the Vietnam Service Medal with four bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with/Palm Unit Citation. 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 public law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined there is no medical record showing the applicant received wounds caused by enemy forces that required treatment by medical personnel. The burden of proof rest on the applicant and the applicant provided no new evidence to support his claim 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. Based on this the Board found that a reversal on the previous request for award of the Purple Heart is unwarranted. Therefore, the Board denied relief. 2. 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. 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 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 to amend the decision of the ABCMR set forth in Docket Number AR20190010179 on 27 October 2020. 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) provides that the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action. Each approved award of the Purple Heart must exhibit all the following factors: (a) Wound, injury, or death must have been the result of enemy or hostile act, international terrorist attack, or friendly fire; (b) The wound or injury must have required treatment by medical officials; and (c) The records of medical treatment must have been made a matter of official Army records. a. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. c. When considering award of the PH for a mTBI (mild traumatic brain injury) or concussion that did not result in the loss of consciousness, the chain of command will ensure the diagnosed mTBI resulted in a disposition of “not fit for full duty” by a medical officer for a of “not fit for full duty” by a medical officer for a period of greater than 48 hours based on persistent signs, symptoms, or findings of functional impairment resulting from the concussive event. (1) The following nonexclusive list provides examples of medical treatment for mTBI or concussion that meets the standard of treatment necessary for award of the Purple Heart. (a) Referral to neurologist or neuropsychologist to treat the diagnosed mTBI or concussion. (b) Rehabilitation (such as occupational therapy, physical therapy, and so forth) to treat the mTBI or concussion. (c) Restriction from full duty for a period of greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function due to the mTBI or concussion. (2) Combat theater and unit command policies, or medical protocols, mandating rest periods, light duty, or “down time” and/or the administration of pain medication (for example, acetaminophen, aspirin, or ibuprofen) in the absence of persistent symptoms of impairment following concussive incidents do not constitute qualifying treatment for a concussive injury. 2. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. 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. 3. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, 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 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be placed in item 40. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000923 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1