IN THE CASE OF: BOARD DATE: 19 October 2023 DOCKET NUMBER: AR20230002272 APPLICANT REQUESTS: an update of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), 14 December 2022 * DD Form 214, 31 July 1985 * Department of Veteran Affairs (VA) rating decision, 14 October 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); 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 he has been confirmed by the VA for a 30% disability for Agent Orange disease (Parkinson's disease) from his duty in the Republic of Vietnam from 4 April 1969 to 24 March 1970. His disability is a chronic disease which may be presumptively linked to his military service. 3. He enlisted in the Regular Army on 18 July 1962 and subsequently reenlisted on 18 July 1965, 27 November 1974, and 2 October 1980. 4. His DA Form 2-1 (Personnel Qualification Record) shows in: a. item 5 (Oversea Service), overseas tour credit for service in: * Okinawa from 21 April 1963 through 5 June 1966 * Vietnam from 4 April 1969 through 24 March 1970 * Okinawa from 6 April 1971 through 5 October 1974 * Korea from 29 November 1975 through 28 December 1976 * Okinawa from 6 January 1977 through 1 July 1979 * Korea from 22 September 1982 through 18 August 1983 b. item 35 (Record of Assignments), he was assigned to the following units/ locations: * 9 April 1968 to 23 August 1968 – Radio Operations Supervisor– Company D, 41st Signal Company, 39th Signal Battalion, Vietnam * 24 August 1969 to 28 February 1970 – Platoon Sergeant-Radio Operations – Company C, 36th Signal Company, 39th Signal Battalion, Vietnam * 1 March 1970 to 27 April 1970 – Platoon Sergeant-Radio Operations – 550th Signal Company, 39th Signal Battalion, Vietnam c. item 41 (Awards and Decorations), no Purple Heart. 5. On 31 July 1985, he retired from active duty. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: * Meritorious Service Medal * Army Achievement Medal * Army Good Conduct Medal (7th Award) * National Defense Service Medal * Armed Forces Expeditionary Medal * Vietnam Service Medal * Meritorious Unit Citation * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Marksmanship Expert Badge (Rifle M-16) 6. On 30 August 2005, he was issued a DD Form 215 (Correction to DD Form 214) to show award of the Korea Defense Service Medal. 7. He provided a VA rating decision, 14 October 2022, which shows he was granted a 30% service-connected disability rating for Parkinsonism associated with herbicide exposure. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Awards and Decorations Branch, failed to reveal orders awarding him the Purple Heart. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board noted that there are no provisions in the criteria for the Purple Heart that authorize award of the medal for the applicant’s Parkinsonism associated with herbicide exposure as it was not caused by the enemy. The Board determined the evidence does not show the applicant is entitled to the Purple Heart. 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 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. REFERENCES: 1. Title 10, U.S. Code, 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. 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. 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 evidence. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, 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. The date the wound or injury occurred would also be entered in item 40. 4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Army Regulation 600-8-22 (Military Awards) 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. When contemplating eligibility for the Purple Heart, the two critical factors commanders must consider is the degree to which the enemy or hostile force caused the wound and whether the wound was so severe that it required treatment by a medical officer. 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 below. 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. The key issue commanders must take into consideration when contemplating an award of this decoration 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 sole justification for award. d. 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 trap or mine * injury caused by enemy-released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire * concussion injuries caused as a result of enemy-generated explosions * mild traumatic brain injury 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 which clearly do not justify award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot * 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 disorder * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * mild traumatic brain injury 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 * abrasions and lacerations (unless of a severity to be incapacitating) * bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth) * first degree burns f. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each credited campaign. During the applicant's service in Vietnam, credit was awarded for the following campaigns: * Tet 69 Counteroffensive – 23 February 1969-8 June 1969 * Vietnam Summer-Fall 1969 – 9 June 1969-31 October 1969 * Vietnam Winter Spring 1970 – 1 November 1969-30 April 1970 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002272 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1