ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 November 2021 DOCKET NUMBER: AR20210011818 APPLICANT REQUESTS: on behalf of her husband, a Former Service Member (FSM), correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 22 May 1970 to show: * correction of his dates of service * any decorations, medals, badges, commendations, citations, and campaign ribbons authorized * foreign service in Vietnam * he was awarded two Purple Hearts APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Purple Heart Certificate, dated 6 March 1969 * Purple Heart Certificate, dated 9 April 1969 * Army Training Center, Infantry, Certificate of Training Achievement, dated 2 August 1969 * Fort Ord Drill Sergeant School Certificate of Completion, dated 2 August 1969 * DD Form 214, ending on 22 May 1970 * Marriage License and Certificate, dated 7 September 1977 * Death Certificate, dated 25 May 2013 * Passport for applicant * Printout of online obituary FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), 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's requests for correction of the FSM's DD Form 214 to reflect all periods of service, addition of any medals and decorations, addition of the Purple Heart awarded on 9 April 1969, are supported by sufficient evidence provided by the applicant and located in the FSM's official records; therefore, they will be administratively corrected and not considered by the Board. The Board will consider the award of the second Purple Heart. 3. The applicant, spouse of the FSM, states she noted there were errors while looking through her deceased husband's military records. She wants to correct them for her family, to include the medals that were never noted for his honorable military service. 4. A review of the FSM's service records reflects the following: a. On 24 November 1967, the FSM was inducted into the Army of the United States. b. The FSM served in Vietnam during the period of 9 October 1968 to 14 March 1969, and he participated in three campaigns while assigned to B Troop, 1st Battalion, 11th Armored Cavalry Regiment. c. On 14 March 1969, the FSM was reassigned to the 106th General Hospital in a patient status. d. On 5 April 1969, the FSM was released from the 106th General Hospital and reassigned to the U.S. Naval Hospital St. Albans, NY, for further treatment of his wounds. e. On 7 April 1969, General Orders Number 46, issued by Headquarters (HQ), 11th Armored Cavalry Regiment awarded the FSM the Purple Heart for wounds received in connection with military operations against a hostile force on 5 March 1969. f. On 21 May 1969, Special Orders Number 91, issued by the U.S. Army Medical Detachment, Naval Hospital, St. Albans, NY, in connection with the FSM's physical evaluation board proceedings, reassigned the FSM to the U.S. Army Transition Center, Fort Ord, CA. g. DA Form 20 (Enlisted Qualification Record) shows in: (1) item 22 (Military Occupational Specialties) – 11B4B (Light Weapons Infantryman). (2) item 40 (Wounds) – fragment wound on neck and right arm from rocket- propelled grenade (RPG) on 13 November 1968 (4) item 41 (Awards and Decorations) – * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Vietnam Service Medal * Combat Infantryman Badge * Army Good Conduct Medal * Purple Heart (General Orders Number 46) * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) h. On 22 May 1970, the FSM was honorably released from active duty. DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Marksman (Rifle) i. 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 him. j. The Vietnam Casualty Roster contains an entry for the FSM, which shows he was wounded in action on 5 March 1969, and was hospitalized for a non-serious injury caused by a hostile weapon. 4. The applicant provides the following in support of her request on behalf of the FSM: a. Purple Heart Certificate, dated 6 March 1969, which shows the FSM received the award for wounds received in action in the Republic of Vietnam on 5 March 1969. This award was issued by the 2nd Mobile Army Surgical Hospital. b. Purple Heart Certificate, dated 9 April 1969, which shows the FSM received the award for wounds received in action in the Republic of Vietnam (does not list date). This award was issued by the commanding officer of the 11th Armored Cavalry Regiment at the time. c. U.S. Army Training Center, Infantry, and Fort Ord, Certificate of Training Achievement, dated 2 August 1969, shows the FSM received the award for distinguishing himself as the honor graduate of his Drill Sergeant Course Class. d. Fort Ord Drill Sergeant School Certificate, dated 2 August 1969, which shows the FSM completed the Drill Sergeant Course. e. Marriage Certificate reflective of the applicant and the FSM being married on 2 November 1977 in the State of . f. Certificate of Death reflective of the FSM's passing on 25 July 2013. g. FSM's obituary showing his death and the applicant as his spouse. 6. By regulation (AR 672-5-1 then and AR 600-8-22 now), the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify: a. 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 b. The oak leaf cluster is issued to denote award of second and succeeding awards of decorations. No 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board considered the applicant's statement, the FSM's record of service, two Purple Heart Certificates, the entry regarding wounds on the DA Form 20, the FSM's name on the Vietnam Casualty Roster, his medical evacuation orders and the entires on his DD Form 214. The Board found that while to two Purple Heart Certificates refer to the same wounding, the DA Form 20 reflects an earlier wounding incident. Based on a preponderance of evidence, the Board determined that the applicant was wounded twice (13 November 1968 and 5 March 1969) and is therefore entitled to two awards of a Purple Heart. The Board also concurred with the administrative corrections below. Board members voted to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administration notes below, the Board determined the evidence presented is 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 (2nd Award) for wounds received in action on 13 November 1968 in Vietnam. 23 November 2021 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. ADMINISTRATIVE NOTE(S): 1. Reference the enclosed request for correction of military records from the subject individual to correct the FSM's DD Form 214 for the period ending 22 May 1970 by: a. correcting the following: * item 4 (Department, Component and Branch or Class), delete "ARMY-USAR-INF" and add "ARMY–AUS–INF" * item 17c (Date of Entry), delete "24 Nov 69" and add "24 Nov 67" * item 22 (Statement of Service) – * Net Service this Period, delete "00 05 29" and add "02 05 29" * Other Service, delete "02 00 00" * Foreign and/or Sea Service, "USARV 00 05 06" * item 25 (Education and Training Completed), add "Drill Sergeant School (1969)" b. deleting the entry in item 17 (Current Active Service Other Than by Induction) c. deleting the following awards: * National Defense Service Medal * Marksman (RIFLE) d. adding the following awards: * Purple Heart * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with 1960 Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DA Form 20 * DD Form 214 * Armed Forces Examining and Entrance Station, Syracuse, NY, Special Orders Number 229, dated 24 November 1967 * HQ, 11th Armored Cavalry Regiment, Vietnam, Special Orders Number 324, dated 25 November 1968 * HQ, U.S. Army Training Center, Infantry, Fort Dix, Special Orders Number 21, dated 21 January 1968 * HQ, U.S. Army Training Center, Infantry and Fort Lewis, Special Orders Number 70, dated 11 March 1968 * HQ, U.S. Army Training Center, Infantry and Fort Lewis (Provisional), Special Orders Number 82, dated 23 March 1968 * HQ, 11th Armored Cavalry Regiment, Vietnam, General Orders Number 46, dated 7 April 1969 * HQ, U.S. Army Training Center, Infantry and Fort Ord, Memorandum, Subject: Request for Extension of Active Duty, dated 15 October 1969 * HQ, Third Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, General Orders Number 97, dated 24 October 1969 * HQ, U.S. Army Training Center, Infantry and Fort Ord, Special Orders Number 300, dated 27 October 1969 * HQ, U.S. Army Training Center, Infantry and Fort Ord, Special Orders Number 138, dated 18 May 1970 * Department of the Army General Orders (DAGO) Number 8, dated 1974 * Army Regulation 600-8-22 * Department of the Army Pamphlet 672-3 3. Please correct the FSM's DD Form 214 as shown in paragraph 1 above and provide the applicant a copy of the corrections. Please ensure that the corrections are recorded in the FSM's official military personnel record. REFERENCES: 1. Title 10, USC, 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 672-5-1 (Awards), in effect at the time, governed the military awards program during the Vietnam War. It states 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 records of medical treatment for wounds or injuries received in action must have been made a matter of official record. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained under enemy, opposing armed force, or hostile foreign action. A physical lesion is not required, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign action. 3. Army Regulation (AR) 635-5 (Separation Documents) states DD Form 214 provides the individual with documentary evidence of his military service. It is important that information entered thereon is complete and accurate. Source documents will consist of DA Form 20 and all available records when preparing DD Form 214. //NOTHING FOLLOWS//7