IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150002544 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, two awards of the Purple Heart. 2. The applicant states: a. He received a shrapnel wound in March 1968 while serving in the Iron Triangle of Vietnam. While performing reconnaissance in force and locating a bunker complex they were ambushed by the Viet Cong (VC). He sustained shrapnel from a grenade to his left leg. He has two notarized letters, one from his platoon sergeant, a retired command sergeant major (CSM), and one from a member of his platoon who remembers the incident. Their platoon medic, "Doc" Axxxxxx was killed in action (KIA) shortly after this incident and therefore he did not provide the proper paperwork. Due to the active nature of their unit being in constant combat, no paperwork was ever generated for any reason. b. At the time of his wounding he was more concerned about surviving from day to day. When he returned to his unit he was told that their medic was KIA. Years later when attending a reunion for his regiment he met with his former platoon sergeant and the platoon sergeant mentioned the incident and asked him if he had ever received a Purple Heart. He told him no. The platoon sergeant was concerned and wanted to do the right thing by him and subsequently wrote the attached letter and had it notarized. c. He served with the 11th Armored Cavalry Regiment (ACR) from August 1967 to August 1968. He believes in January 2014 he sought assistance from a Member of Congress (MOC) with hopes of corresponding with the Army Board for Correction of Military Records (ABCMR). He received an answer to his request, dated 24 January 2014, in which the ABCMR stated they needed additional information or corroboration of his injury while in battle in March 1968 in the Iron Triangle of Vietnam. He is attaching a second copy of an eyewitness statement which is also notarized and dated 18 August 2014. He received a copy of this letter on 24 September 2014 from a member of his platoon (Sergeant Dxxxx Kxxxx), who described what he saw. d. He has attempted to locate medical records of his injury with negative results. As he has previously stated to the ABCMR, their platoon medic was KIA and he apparently generated no medical report of the incident. He has spoken with many Vietnam veterans and many of them related that they also were wounded and were not awarded the Purple Heart and that there was never any paperwork generated on their behalf. While his unit was in combat most of the time and engaged with the enemy, he can see how medical records could be lost or not provided at all. e. He recently discovered copies of his medical records which the ABCMR requested as proof of his injury. He previously submitted the two signed and notarized statements of former platoon members, one of which was his platoon sergeant and a retired CSM, to which they indicated they observed him being hit by shrapnel from a grenade while searching a bunker complex, and his request was denied. f. He also received another wound on 5 May 1968 and was transported to the 37th Medical Detachment at Blackhorse Base Camp, Xuan Loc, Vietnam. He has requested copies of all files they may have on that incident. He certifies that the information he has provided is true to the best of his knowledge and belief. g. The second incident occurred two months later; he was hit with shrapnel from a mine explosion and he was treated at the 37th Medical Company, 11th ACR. He is attaching a copy of the medical report indicating that he received an injury from that mine explosion. The attachment should be enough for the ABCMR to review and thus provide him with the award that he deserves. 3. The applicant provides copies of the following: * declassified document pertaining to E Troop's movements on 21 March 1968 * nine Standard Forms (SF) 600 (Health Record – Chronological Record of Medical Care) * SF 519 (Clinical Record – Radiographic Reports) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * two notarized statements * eyewitness statement * five letters written between him and his MOC CONSIDERATION OF EVIDENCE: 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations. 2. The applicant was inducted into the Army of the United States on 21 September 1966 and he held military occupational specialty 11D (armor reconnaissance specialist). 3. On 17 April 1967 he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for disobeying an order during formation on 14 April 1967. His punishment included a reduction to pay grade E-2. 4. He served in Vietnam from 19 August 1967 through on or about 11 August 1968, during four campaigns. He was assigned to E Troop, 2nd Squadron, 11th ACR. 5. He provided a copy of a declassified document in which he bracketed the following entries: "221330 March 1968, E Troop, while moving to EDP picked up two prisoners of war (POW) desiring to surrender" and "221330 March 1968, E Troop received AM fire, observed four VCs and returned fire with organic weapons with negative results. At 1515 E Troop reported finding Viet Cong base camp, resulting in two POWs, four VC KIA, and three VC KIA. US casualties were one KIA and WIA (wounded in action). Action was accomplished at close range with US elements dismounted systematically clearing bunker while operational by AGGAVs." 6. His records contain and he also provided copies of the following: a. Five SFs 600 showing he received medical treatment between 5 October 1966 and 8 January 1968 for diarrhea, a sore throat, upset stomach, and battle fatigue. b. An SF 519, dated 19 May 1968, showing he underwent an examination of his left knee as a result of an injury he sustained in a mine explosion; the form does not indicate the injury was combat related or caused by hostile action. c. Four SFs 600 showing he received the following medical treatment on/for: * 19 May 1968 – an injury to his left knee caused by flying debris from a mine explosion; the examination showed a large nodule above the left patella, x-ray negative for fracture, and he was diagnosed with anxiety syndrome; the form did not indicate that the injury was combat related or caused by hostile action * 9 May 1968 – complaints of nausea and malaise for the past two days * 23 June 1968 – warts * 13 and 21 July 1968 – venereal warts * 23 July and 23 August 1968 – he received podophyllin treatments 7. He was honorably released from active duty in pay grade E-3 on 15 August 1968 and was transferred to the U.S. Army Reserve Control Group. He was credited with completing 1 year, 10 months, and 25 days of active service. His DD Form 214 lists the: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge Pistol (.45 Caliber) Bar * Vietnam Service Medal * Combat Infantryman Badge * Vietnam Campaign Medal 8. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service * Item 40 (Wounds) no entry to indicating he was wounded in action while serving in Vietnam * Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 9. He further provided the following: a. A letter dated 18 December 2013, in which a former member of the applicant's platoon, a retired CSM, stated: (1) In September 2012, at the 11th ACR Vietnam Veteran Reunion, he learned that the applicant had not yet obtained his Purple Heart for wounds received in combat in March 1968. He served as the platoon sergeant and platoon leader of the 3rd Platoon, E Troop, 2nd Squadron, 11th ACR from December 1967 to June 1968. The applicant was a member his platoon and served as their left machine gunner and scout. From 1 to 9 March 1968, East of Ben Cat, in the area named the Iron Triangle, they were conducting reconnaissance and force missions. (2) They found a VC basecamp and they assaulted it, receiving heavy machine gun fire and rocket propelled grenade fire. At that time an enemy hand grenade landed between himself and the applicant and the applicant was wounded in the lower left leg. He noticed in that moment that a piece of grenade shrapnel had pierced the applicant's leg after he screamed that he had been hit. He removed the shrapnel from the applicant's left leg and called for a platoon medic immediately. The platoon medic Specialist (SPC) Axxxxxx proceeded to place a pressure bandage on the applicant's leg. The applicant was medically evacuated (medivac) from the area to the squadron aid station. (3) Later that day, SPC Axxxxxx completed a DD Form 1380 (Tactical Combat Casualty Care). He and Platoon Sergeant Dxxxxx Cxxxxx reviewed the information to be sent forward to the squadron headquarters. SPC Axxxxxx was later KIA on 9 July 1968. (4) It was his greatest hope that after 45 years the applicant would finally receive recognition and be awarded the Purple Heart for wounds received in combat action. He requested serious consideration of the information provided with the letter so the applicant could finally be at peace with the sacrifice he made and be rewarded for his actions. b. A letter dated 24 September 2014, in which a former member of the applicant's platoon stated: (1) He was the best friend of SPC Axxxxxx and they were both from TX. SPC Axxxxxx was KIA on 9 July 1968. SPC Axxxxxx had dusted him off and was killed soon after. He was assigned to the 93rd Evacuation Hospital and was awarded the Purple Heart there. He is not sure who presented it to him, but it's on his DD Form 214. (2) He attended the 11th ACR reunion in September 2014 with SPC Axxxxxx's sisters. When he introduced the sisters to the applicant, the applicant related which track he was on and stated that the medic would accompany him (medics go anywhere at any time in the platoon). (3) They all were serving in the Iron Triangle in March 1968 performing force reconnaissance when they were engaged with the NVC and all hell broke loose. The medic and he were on track 32 and the applicant was on the platoon sergeant's track 37. The NVC were shooting machine guns and rocket propelled grenades at them. They began calling for a medic over the radio and SPC Axxxxxx grabbed his bag. The applicant was on the ground with blood gushing from his left leg. SPC Axxxxxx thought it was shrapnel from rocket propelled grenade, but the platoon sergeant stated it was from a hand grenade and told SPC Axxxxxx that he had pulled it out. SPC Axxxxxx told him to never do that. (4) SPC Axxxxxx began working on the applicant and blood was all over his arms and the applicant's legs. SPC Axxxxxx called for the medivac and they loaded the applicant. He doesn’t remember how long the applicant was gone, but it was more than a week. They were all glad when the applicant returned because he was the best ambush man in their platoon. The applicant trained him and all the new men. (5) He doesn’t understand why the paperwork was lost as SPC Axxxxxx was meticulous with paperwork. All other WIA were awarded the Purple Heart. He is not writing because the applicant and he were good friends, but the applicant was the best combat Soldier in the platoon, showing bravery and courage time and time again. (6) They incurred an ambush every fourth night, but since the applicant was on the platoon sergeant's track he went out every third night even when there was a buck [sergeant] or staff [sergeant] they would always defer to the applicant because they all wanted to make it home and he was their best chance to do that. SPC Axxxxxx and he were Regular Army and the applicant was drafted and he never hung back. (7) He still has the utmost respect for the applicant's bravery. It was a shame on the Army for not awarding the applicant his Purple Heart in a timely manner. It would be a greater shame not to correct this at 46 years. He loved the Army; it changed his life for the better. 10. On 16 November 2014 in ABCMR Docket Number AR20140018600, the ABCMR advised the applicant that his records were unavailable and the ABCMR could not make a fair, impartial, and equitable determination of facts without his official records and supporting documents. His request was administratively closed without further action. 11. On 24 January 2014 the U.S. Army Human Resources Command (HRC), Awards and Decorations Branch, advised a MOC of the following: a. They were unable to verify the applicant's entitlement to the Purple Heart. They acknowledged receipt of the notarized statement by the retired CSM concerning the incident in question. While helpful, HRC required additional information to corroborate that the applicant was injured directly by a hostile combatant. In that regard, they reviewed historical casualty records from the Vietnam era and could not locate his name among the list of battle casualties. b. In order to process a request for award of the Purple Heart, they required additional notarized eyewitness statements and military medical documentation was immediately after or close to the event describing both diagnosis and treatment by a medical officer of injuries caused by the enemy. c. If the applicant did not possess that documentation, verification of entitlement could be possible by conducting a review of unit morning reports for the period in question. The applicant must request those reports and provide detailed information concerning his injuries to the National Personnel Records Center (NPRC). If documentation could be located in the daily morning reports to substantiate an award of the Purple Heart, the NRPC would provide him with the necessary information so a final determination could be made. 12. His name is not listed on the Vietnam casualty roster. 13. 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 Military Awards Branch of the HRC, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 14. His record is void of any Western Union Telegrams as well as any official Army messages informing his next of kin that he was wounded in action in Vietnam in March 1968 or on 5 May 1968. 15. Army Regulation 600-8-22 (Military Award) states: a. The Purple Heart is awarded for a wound sustained as a result of 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 medical personnel, and the medical treatment must have been made a matter of official record. Pertaining to the Purple Heart the regulation also states: (1) When contemplating an award of this decoration, 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 the award. (2) An example of enemy-related injuries which clearly justify award of the Purple Heart is an injury caused by enemy bullet, shrapnel, or other projectile created by enemy action or an injury caused by an enemy placed mine or trap. (3) Any member of the Army who believes that they are eligible for the Purple Heart but, through unusual circumstances no award was made, must submit an application and include documentation pertaining to the wound and inflicting force. Statements from at least two individuals who were personally present, observed the incident, and have direct knowledge of the incident. Alternatively, other official documentation may be used to corroborate the narrative: Casualty Report and SF 600. (4) Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury, or death must have been the result of enemy action, the wound or injury 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. b. A bronze service star is authorized for wear on the Vietnam Campaign Medal to denote campaign participation. It also states awards (Decorations and Army Good Conduct Medal) made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Department of the Army General Orders (DAGO). 16. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year service entirely during the period 7 December 1941 through 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-marital. 17. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 11th ACR, was cited for award of the: * Valorous Unit Award, for the period 31 January through 5 February 1968, by DAGO Number 12, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period from 7 September 1966 through 10 August 1968, by DAGO Number 60, dated 1969 DISCUSSION AND CONCLUSIONS: 1. With regard to award of the Purple Heart for an injury the applicant sustained in March 1968: a. The applicant served in Vietnam from 19 August 1967 through on or about 11 August 1968. He submitted two notarized eyewitness statements in which the individuals, his former platoon sergeant and a member of his platoon stated, respectively, the following: (1) During an assault in March 1968 of a VC basecamp an enemy grenade landed between him and the applicant and the applicant was wounded in the left leg. He removed the shrapnel from the applicant's leg and called the platoon medic immediately. The medic attended to the applicant and he was medically evacuated from the area to the squadron aid station. (2) They were engaged with the VC in March 1968 and all hell broke loose. The VC were shooting machine guns and rocket propelled grenades at them. The applicant was hit and the medic worked on the applicant and then had the applicant medically evacuated. The medic was KIA on 9 July 1968. b. The applicant also submitted a declassified document showing his unit was engaged in a firefight with the VC on 9 March 1968. c. The evidence provided by applicant is accepted as sufficient to have met the criteria for award of the Purple Heart for a shrapnel injury sustained on 9 March 1968 in Vietnam and correction of his DD Form 214 to show this award. 2. He met the criteria for award of the Army Good Conduct Medal by serving honorably from 21 September 1966 through 15 August 1968, serving in Vietnam, and receiving "excellent" conduct and efficiency ratings throughout his military service. Notwithstanding the NJP action for a minor offense, his records contain no other derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). 3. He was awarded the Vietnam Service Medal. He also participated in four campaigns during his service in Vietnam. He meets the criteria for award of four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars. 4. GO awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. These unit awards are not listed on his DD Form 214. 5. With regard to award of the Purple Heart for an injury the applicant sustained on 5 May 1968: a. An SF 600 and SF 600 show on 19 May 1968 he received medical treatment for an injury to his left knee sustained in a mine explosion. The forms do not indicate the injury was a result of enemy action. Neither his service record nor other official records show he was wounded as a result of enemy action in Vietnam on 5 May 1968. He did not provide any eyewitness statements or other medical documentation to substantiate that the injury he sustained in a mine explosion was a result of enemy action. b. By regulation, to be awarded the Purple Heart for an injury cause by a mine or trap there must be evidence the injury was caused by an enemy placed mine or trap. c. In the absence of an order authorizing or awarding an individual the Purple Heart, eyewitness statements, military medical documentation, and next of kin notification may be used to substantiate an award of the Purple Heart. Notwithstanding the available evidence showing his injury was treated by medical personnel and made a matter of official record, there must be evidence confirming the wound for which the award is being made was received as a direct result of, or was caused by enemy action. d. Notwithstanding his contentions, there is insufficient evidence upon which to base award of the Purple Heart for his injury sustained on 5 May 1968. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for a wound received in action on 9 March 1968 in Vietnam * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 21 September 1966 through 15 August 1968 * deleting from his DD Form 214 the Vietnam Service Medal * adding to this DD Form 214 the: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to a second award of the Purple Heart and its addition to his DD Form 214. ____________x____________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20150002544 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002544 11 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1