IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160011162 BOARD VOTE: ___x______ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160011162 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds he sustained as a result of hostile enemy action on 12 May 1969, b. awarding him the Army Good Conduct Medal (1st Award) for the period 6 March 1968 through 7 October 1969 c. adding the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Purple Heart * Army Good Conduct Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal - First Class Unit Citation ___________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. IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160011162 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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was wounded in Vietnam and he was awarded the Purple Heart. 2. The applicant states he recently filed a claim with the Department of Veterans Affairs in Nashville, TN, because he was wounded in Vietnam in May 1969. His DD Form 214 does not reflect he was wounded and he was not issued the Purple Heart. He was treated at a field hospital and believes the paperwork may not have made it to the right folks. 3. The applicant provides copies of: * DD Form 1380 (U.S. Field Medical Card/Fiche Medical De L’ Avant ETATS-UNIS), dated 12 May [no year]. * Congressional Correspondence * Privacy Act Release Form * Webmail and email * DD Form 214 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 was inducted into the Army of the United States on 6 March 1968 and he held military occupational specialty 11C (Infantry Indirect Fire Crewman). He served in Vietnam from 11 September 1968 to 7 October 1969. He was assigned to Company C, 1st Battalion, 8th Infantry, 4th Infantry Division, from 20 September 1968 to 3 October 1969. 3. He was honorably released from active duty in the rank/grade of sergeant/E-5 on 7 October 1969. His DD Form 214 shows he completed 1 year 7 months, and 2 days of active service and 1 year and 25 days were foreign service. It also shows he was awarded or authorized the: * National Defense Service Medal * Combat Infantryman Badge * Army Commendation Medal * Republic of Vietnam Campaign Medal * Two Overseas Service Bars * Sharpshooter Marksmanship Qualification Badge (M-14) Rifle 4. He provided a DD Form 1380 that shows an individual with his name received a fragment wound to the right knee, as a result of enemy action, on 12 May 1969. The treatment given is listed as “clean and dress.” Tourniquet “Yes or No,” is marked “No.” What was he doing when injured, states “directing mortar.” No further disposition of this treatment is listed. The signature listed in the medical officer block appears to be Rxxxxx H. Mxxxx. 5. There is no evidence in the following several typical sources that show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: a. Item 40 (Wounds) of his DA Forms 20 (Enlisted Qualification Record) does not show a combat wound or injury and item 41 (Awards and Decorations) of this form does not list the Purple Heart as an authorized award. b. His name is not shown on the Vietnam casualty roster, a compilation of most of those who were wounded in Vietnam, that is commonly used to verify eligibility for the Purple Heart. c. His 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. d. 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 orders showing he was awarded the Purple Heart. e. His medical records are not available for review with this case. 6. The applicant's record does not show he was awarded the Army Good Conduct Medal. Additionally, his record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification record) shows he received all "excellent" conduct and efficiency ratings. 7. The applicant also provides: * Congressional correspondence written between his Senator and the Legislative Liaison Office * Privacy Release Form authorizing the release of information to his Senator * Webmail and email written between Veteran Services and the applicant and the applicant and the Army Review Boards Agency REFERENCES: 1. 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 medical personnel, and the medical treatment must have been made a matter of official record. 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. 2. Army Regulation 600-8-22 states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, campaign participation credit was awarded for the following four campaigns * Vietnam Counteroffensive Phase V – 1 July-1 November 1968 * Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969 * Tet 69/Counteroffensive – 23 February-8 June 1969 * Vietnam Summer-Fall 1969 – 9 June-31 October 1969 3. 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. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant’s service with Company C, 1st Battalion, 8th Infantry, 4th Infantry Division, in Vietnam, from 20 September 1968 to 3 October 1969, his unit was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from October 1966 through 28 July 1969, in DAGO Number 3, dated 1970 * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for service from October 1966 through 31 October 1969, in DAGO Number 53, dated 1970 5. 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 served entirely during the period 7 December 1941 to 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-martial. DISCUSSION: 1. 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 medical officer/personnel, and the medical treatment must have been made a matter of official record. 2. In this case, the applicant provided a DD Form 1308, which is a field medical card, showing he was wounded due to enemy action on 12 May 1969. This card also show he was treated by a medical officer/personnel, and the medical treatment was documented on this card. 3. Even though no orders are available to show the applicant was awarded the Purple Heart and his name is not listed in the typical sources that are normally used to identify wounded Soldiers as a result of hostile action, the above DD Form 1308 shows the criteria for award of the Purple Heart was met. 4. The applicant’s unit in Vietnam was authorized the following awards when he was assigned to the unit and the awards are not listed on his DD Form 214: * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal - First Class Unit Citation 5. He met the criteria for award of the Army Good Conduct Medal (1st Award) in that: * he served honorably from 6 March 1968 through 7 October 1969 and he attained the rank/grade of sergeant/E-5 * he served a qualifying period and he received "excellent" conduct and efficiency ratings throughout his service with no record of disciplinary actions or a commander's disqualification 6. He is also authorized the Vietnam Service Medal and four bronze service stars to be worn on the medal. His DD form 214 does not show these awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011162 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011162 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2