BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160003826 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160003826 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board requests that the Case Management Division, Army Review Boards Agency, administratively correct the applicant's DD Form 214 by: * deleting "Bronze Star Medal" * adding – * Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar _____________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. BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160003826 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart. 2. The applicant states he served in the Republic of Vietnam (RVN). He was awarded the Purple Heart, but the award is not recorded on his DD Form 214. a. He states that he entered the U.S. Army in August 1968. He completed basic combat training, advanced individual training, noncommissioned officer school, and airborne training. He served in military occupation specialty (MOS) 11B4P as an infantryman in the 2nd Platoon, Company A, 2nd Battalion, 27th Infantry, 25th Infantry Division, from September 1969 through August 1970. b. He was wounded in action while on a reconnaissance (recon) in force operation on or about 16 January 1970. (He is not certain of the exact date, but states it was within one week of his birthday, 11 January.) He was hit by shrapnel on the right side of his face from a booby trap. The platoon medic (Doc B___) treated him in the field and stopped the bleeding. c. After the unit returned to base (Hard Spot Harris), the company medic examined his wound. He determined there was no need to medically evacuate (medivac) the applicant. However, later in the afternoon, the applicant was sent to Cu Chi on a resupply helicopter. d. Upon arrival at Cu Chi, he was taken to the hospital where the shrapnel was removed and the wound was stitched closed. He was given antibiotics and assigned to quarters. The following day he was returned to his unit for duty in the field. His face became infected and he was sent back to Cu Chi until his face healed and the stitches were removed. He states he was there for about two or three weeks and he returned to his unit in the field. e. He completed his tour of duty and returned to the United States. He inquired into his award of the Purple Heart and was told that he was not eligible for the award because he did not spend a night in the hospital. However, he states that nowhere in the research he has done does it mention the requirement of being admitted to the hospital for an overnight stay. He also states a Soldier is not recommended for the Purple Heart, it is awarded based on meeting the specified criteria. He adds the Department of Veterans Affairs (VA) granted him service connected disability for facial scars with a rating of 10 percent. f. He concludes by stating he recently reunited with three of his former buddies that were with him on the day he was wounded. They are all combat veterans and they have written letters in support of his claim to the Purple Heart. 3. The applicant provides a self-authored statement (summarized above) and four VA Forms 21-4138 (Statements in Support of Claim). 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 Army Board for Correction of Military Records (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 this case 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 for timely filing. 2. The applicant enlisted in the Regular Army on 30 August 1968. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 31 (Foreign Service): Vietnam from 20 September 1969 through 22 August 1970 * item 38 (Record of Assignments) – * Company A, 2nd Battalion, 27th Infantry, 25th Infantry Division, from 1 October 1969 through 10 June 1970 * Company C, 2nd Battalion, 27th Infantry, 25th Infantry Division, from 11 June 1970 through 21 August 1970 * item 40 (Wounds) is blank (i.e., no entries) * item 41 (Awards and Decorations) does not list the Purple Heart 4. A Standard Form 88 (Report of Medical Examination), dated 22 August 1970, shows in the Clinical Evaluation section: * item 18 (Head, Face, Neck and Scalp), a checkmark indicating "Normal" * item 73 (Notes), "I am in good health" and the applicant's signature 5. A DD Form 214 shows the applicant was honorably released from active duty on 22 August 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve service obligation. He had completed 1 year, 11 months, and 23 days of total active service that included 11 months and 1 day of foreign service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the: * Combat Infantryman Badge * Parachutist Badge * Army Commendation Medal * 1 Overseas Service Bar * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal * Bronze Star Medal * RVN Civil Actions Honor Medal First Class Unit Citation 6. On 14 September 1970, the applicant initiated an inquiry pertaining to award of the Purple Heart. On 22 March 1972, the Commander, U.S. Army Reserve Components Personnel Administration Center, St. Louis, MO, notified the applicant that his official military file failed reveal a record of medical treatment for wounds or injuries received as a result of hostile action. The applicant was informed that he was not authorized the Purple Heart. 7. A review of the applicant's military personnel records failed to reveal any orders or other evidence showing he was awarded the Purple Heart. a. However, this review revealed, in pertinent part, the following general orders (GOs) issued to the applicant by Headquarters, 25th Infantry Division: * GO Number 152, dated 5 January 1970, that awarded him the Bronze Star Medal with "V" Device for heroism in RVN on 27 November 1969 * GO Number 7070, dated 22 June 1970, that awarded him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service in RVN from August 1969 to August 1970 b. This review further revealed a copy of Headquarters, 2nd Basic Combat Training Brigade, Fort Jackson, SC, Special Orders Number 198, dated 11 October 1968, that awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar. 8. A review of The Adjutant General's Office, Casualty Division's Vietnam Casualty Roster failed to reveal the applicant's name, service number, or social security number. 9. A request for 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 the applicant the Purple Heart. 10. In support of his application the applicant provides the following documents. a. A Statement by Earl P. C___, Jr., dated 24 November 2015, that shows he served with the applicant from November 1969 through April 1970. He states, "[The applicant] was injured on a recon patrol outside of outpost [Hard Spot] Harris in late December or early January. We were on recon patrol and heading back to Harris. I was walking point man and could see Harris as we came out of some thick brush when I heard a small explosion behind me. I looked around and saw [the applicant] holding the right side of his face and blood running down his face. The medic made his way to [the applicant] and placed a dressing on his face. Since we were close to Harris we moved onto the road and went back to base about 400 meters away. Once inside the base camp, Doc B___ told [the applicant] and us that it was a small wound that would need stitches and that the resupply drop was due soon that [the applicant] could ride back on it instead of calling for a medivac." (The remainder of the statement recounts similar information that the applicant presented in his self-authored statement. There is no indication he was present with the applicant at Cu Chi.) b. A Statement by Jerry V. T___, dated 7 December 2015, that shows he served with the applicant (who was his squad leader) from September 1969 through an unspecified date. (He does not offer a date for the incident under review.) He states, "We were on a patrol near Patrol Base Harris, which was a very dangerous area, a hellhole I call it. I suddenly heard an explosion and looked over and [the applicant's] right cheek and facial area were covered in blood. Shrapnel had hit [the applicant] in the face. We pulled back to Patrol Base Harris where a medic looked at his injury and said that he would require stitches so he was sent back to the base camp hospital in Cu Chi where he spent several weeks recuperating before he returned back to the field." c. A Statement by Charles V. R___, dated 19 December 2015, that shows he served in Vietnam in the same unit as the applicant. (He does not offer a date for the incident under review.) He states, in pertinent part, "I witnessed him being hit by shrapnel from a booby trap. His wound was on his face. He was medivaced out of Fire Support Base Harris after it got infected. He returned to the field several weeks later." d. A Statement by Charles, W. C___, Veteran Benefits Officer, New York State Division of Veterans Affairs, dated 28 January 2016. He states, in pertinent part, "I have read the three letters [of support] that all attest to them witnessing the event that we believe is a tenet the award is founded upon. Yes, the veteran was wounded by enemy fire in a combat theater. He was treated in the field by Army medics and was later transported to the hospital in Cu Chi." REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy. In order to support awarding a member the Purple Heart, 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. The Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. (1) The "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with award of the BSM. (2) An oak leaf cluster (OLC) is awarded to denote a second and each succeeding award of certain decorations, among which is the BSM. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows that Department of the Army General Orders Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. To support awarding a member the Purple Heart, substantiating evidence must be provided to verify that the wound was the result of hostile action and that the wound required treatment by medical personnel. The criteria require that the medical treatment was made a matter of official record. a. The applicant's name is not listed on the Vietnam casualty roster. b. There are no orders or any other evidence that shows he was awarded the Purple Heart. c. The supporting statements the applicant provided indicate he was wounded in the face by shrapnel and the small wound required stitches. d. There is no official record of the medical treatment he received. 2. In this case the Board is only voting on the applicant's eligibility for the Purple Heart. 3. The evidence of record shows he received or was authorized awards that are not shown on his DD Form 214. The Board may request administrative correction of the applicant's DD Form 214 to show the missing awards identified below. a. GO awarded the applicant the BSM with "V" Device for heroism in RVN on 27 November 1969. GO also awarded him the BSM for meritorious service in RVN from August 1969 to August 1970. Item 24 of his DD Form 214 shows one award of the BSM. b. GOs awarded his unit the RVN Gallantry Cross with Palm Unit Citation. c. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003391 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003826 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2