IN THE CASE OF: BOARD DATE: 3 May 2018 DOCKET NUMBER: AR20160011866 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: 3 May 2018 DOCKET NUMBER: AR20160011866 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 received on 4 June 1969, while serving in the Republic of Vietnam; and b. amending his DD Form 214, for the period ending 28 October 1970, to show he was awarded the Purple Heart. ___________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: 3 May 2018 DOCKET NUMBER: AR20160011866 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 that he be awarded the Purple Heart. 2. The applicant states he believes he is entitled to the Purple Heart because he suffered a shell fragment wound (SFW) to his right forehead that resulted from enemy fire in the A Shau Valley in the Republic of Vietnam. He contends that while his medical service treatment records reflect that the SFW resulted from friendly fire, it was due to enemy fire. Regardless, his treatment records clearly document an SFW injury, which entitles him to be awarded the Purple Heart. 3. The applicant provides: * DA Form 8-275-3 (Clinical Record Cover Sheet), dated 5 June 1969 * four Standard Forms (SF) 600 (Chronological Record of Medical Care), dates between March and November 1969 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 28 October 1970 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 28 October 1968. After completing his initial entry training, he was awarded military occupational specialty (MOS) 36K (Field Wireman). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31(Foreign Service), he served in the Republic of Vietnam from on or about 10 May 1969 through on or about 8 April 1970; b. item 38 (Record of Assignments), he served with Batteries B and C, 2nd Battalion, 319th Artillery Regiment (Airmobile) during his service in Vietnam; c. item 40 (Wounds), the entry "Concussion" and the date 4 June 1969; and d. item 41 (Awards and Decorations), the absence of an entry that indicates he was awarded the Purple Heart. 4. The applicant was honorably released from active duty on 28 October 1970. His DD Form 214 does not show he was awarded the Purple Heart. 5. The applicant's available records do not contain orders for the Purple Heart. 6. The applicant's name does not appear on the Vietnam casualty roster. 7. 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, failed to reveal any orders that confirm the applicant was awarded the Purple Heart. 8. The applicant provides: a. A DA Form 8-275-3 that shows he was treated on 4 June 1969 for the diagnosis of "small laceration in middle of forehead." It also contains the statement: "EM injured, circumstances unknown, prior to 0610 hours, 4 June 1969, A Shau Valley, RVN." This form was signed by a medical doctor on 5 June 1969; after which he was returned to duty. b. An SF 600 that shows the following entries: (1) "5 June 1969: EM returning from 1 day in hospital. Sustained friendly fragmentary wound in right forehead which was subsequently removed. EM says that he was knocked unconscious for 5-10 minutes as a result of fragment; and which was followed by a period of daze until he was hospitalized. EM now c/o (complains) of headaches (Hx) and weakness." This entry was annotated by the battalion aid station and signed by a medical doctor. (2) "11 November 1969: [EM] complains of headaches. Patient states that it starts in the day. Pain throbbing in forehead. Vision blurs. Patient suffered head injury on Airborne 13 May 1969 (sic) when under attack. Patient says headaches started then." The entry was annotated by a staff sergeant. (3) "11 November 1969: Patient complains of severe headaches and blackouts. This EM who has suffered head trauma in the past has intermittent frontal headaches not relieved by ASA with occasional periods of brief weakness. No syncope, no neurologic deficit. He is overtly hostile, feeling he is inadequately evaluated and treated for this problem. The diagnosis was tension headaches. Would be happy to have another doctor evaluate this patient and suggest further dx if necessary." This entry contains no annotated signature of attendee. (4) "11 November 1969: Post-concussion headaches, right frontal since fragment injury May 69. No neurological deficit. Has not responded to conventional analgesics. Will refer to neurology 95th Evac." This entry is signed. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, have been wounded, were killed, or who have dies or may hereafter die of wounds received. b. Servicemembers who are killed or wounded in action by friendly fire. In accordance with 10 USC section 1129 for award of the Purple Heart, the Secretary of the Army will treat a Servicemember of the Armed Forces described in the same manner as a Servicemember who is killed or wounded in action as the result of an act of an enemy of the United States. A Servicemember described is one who is killed or wounded in action by weapon fire while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of willful misconduct of the Servicemember. d. 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 above. 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. DISCUSSION: 1. The applicant requested he be awarded the Purple Heart. 2. The applicant contends he suffered an SFW to his right forehead and sustained a concussion, a wound that resulted from enemy fire in the A Shau Valley in the Republic of Vietnam. He acknowledges that his medical treatment records reflect the SFW resulted from friendly fire. He notes he was treated for the injury and it was made a part of his official records. 3. The applicant's show he suffered a fragment wound to the forehead, as a result of friendly fire, and that this wound required, and receive medical treatment. The medical treatment was made a matter of record. . 4. . The Purple Heart may be awarded to Service members who are wounded in action by friendly fire, provided that they were actively engaged in armed combat at the time, and the wound was not the result of their own misconduct. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011866 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011866 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2