IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170002717 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 19 September 2018 DOCKET NUMBER: AR20170002717 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests reconsideration of his previous request to correct his record to show he is entitled to the Purple Heart. 2. The applicant states he did not receive the Purple Heart for injuries he incurred under hostile fire during the Tet Offensive campaign on 31 January 1968. Though injured, he continued with his duties. At the time he felt his injuries were insignificant compared to the Soldiers [in an armored personnel carrier] who were hit by a rocket propelled grenade. For his own actions on 31 January 1968, he received the Silver Star. In addition, he received numerous other awards, decorations, service ribbons and badges for his service in the Republic of Vietnam. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * Statement from Henry L. S. J., dated 24 July 2002 * Statement from John E. D., dated 30 August 2002 * Statement from Robert A. D., dated 20 August 2002 * Mobile Riverine Force Association article titled, "Widows' Village VC [Viet Con] Graveyard," printed on 8 December 2010 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DA Form 20 (Enlisted Qualification Record), dated 10 June 1959 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 June 1959 * DD Form 214 for the period ending 24 August 1965 * General Orders (GO) 5831, dated 17 July 1968 * DD Form 214 for the period ending 22 April 1971 * DD Form 214 for the period ending 14 February 1974 * DA Form 20-Permanent, dated 20 May 1974 * DD Form 214 for the period ending 31 August 1975 * DD Form 215 (Correction to DD Form 214) for the period ending 31 August 1975 * Letter, U.S. Army Personnel Command, Military Awards Branch, dated 21 January 2003, sent to the applicant * Letter, U.S. Army Human Resources Command (HRC), Military Awards Branch, dated 26 January 2006, to applicant's Member of Congress * Army Board for Correction of Military Records (ABCMR) Docket Number AR20060006264, dated 14 December 2006 * Letter, Army Review Boards Agency, Case Management Division, dated 27 September 2011, sent to the applicant * Vietnam Casualty Roster REFERENCES: 1. Army Regulation 672-5-1 (Military Awards) as then in effect, stated in paragraph 1b, "A wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action as described above must have been made a matter of official record." 2. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile 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. In addition, it states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. The Purple Heart is an individual award which requires the publication of orders. 3. Army Regulation 600-200 (Enlisted Personnel Management), then in effect, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 (Wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 4. Title 10, U.S. Code, section 1552 states: a. The Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. Except when procured by fraud, a correction under this section is final and conclusive on all officers of the United States. b. In this section, the term "military record" means a document or other record that pertains to (1) an individual member or former member of the armed forces, or (2) at the discretion of the Secretary of the military department concerned, any other military matter affecting a member or former member of the armed forces, an employee or former employee of that military department, or a dependent or current or former spouse of any such person. DISCUSSION: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060006264 on 14 December 2006 and reconsidered in Docket Number AR20110017230 on 27 September 2011. 2. The applicant provides new argument and evidence that warrant consideration by the Board. 3. The applicant enlisted in the Regular Army on 12 January 1954. On 10 June 1959 he was honorably released from active duty upon the completion of 5 years, 4 months, and 29 days of net active service. 4. After a short break in service, he enlisted in the Regular Army on 25 August 1959, enlisting for 6 years. On 24 August 1965 he was discharged for the purpose of immediate reenlistment. 5. On 25 August 1965, he reenlisted in the Regular Army for another 6-year term of service. He served two periods in the Republic of Vietnam. * from 7 January 1968 to 11 October 1968 with – * Company B, 2nd Battalion, 47th Infantry, 9th Infantry Division from 11 January to 17 March 1968 as a platoon sergeant (Infantryman) * Headquarters and Headquarters Company (HHC), 9th Infantry Division from 18 March to 30 June 1968 as an instructor * Advanced Team 93, IV Corps from 1 July to 11 October 1968 as an heavy weapons infantry advisor * from 7 September 1970 to 5 January 1971 with HHC, 2nd Battalion (Mechanized), 22nd Infantry, 25th Infantry Division as an operations sergeant 6. He received the Silver Star for gallantry in action on 31 January 1968 while serving as a platoon sergeant for Company B, 2nd Battalion, 47th Infantry. GO 5831 issued by 9th Infantry Division on 17 July 1968 announced the award. The citation within the order states, in pertinent part: [The applicant]… during a ready reaction force maneuver against a hostile battalion… in a built up area known as the Widow's Village, Vietnam… [The platoon] came under intense hostile fire… one of the platoon’s armored personnel carriers became disabled by an enemy rocket, the men dismounted and progressed on foot… the platoon leader was struck by an enemy bullet… [The applicant] immediately assumed command and directed his men into effective combat positions. Through [the applicant’s] effective maneuvering of his men, enemy escape routes were effectively blocked off. Throughout the fierce period of battle, [the applicant] repeatedly exposed himself to hostile fire as he maintained continuous control over his men. 7. He continued to serve through two more enlistments and was retired due to sufficient length of service on 31 August 1975. His retirement DD Form 214 does show award of the Silver Star and multiple awards and decorations for his entire period of active Federal service. 8. Review of the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division, does not show the applicant's name listed as a casualty. His available medical record contains no evidence showing he was wounded in action and treated for his wounds by a medical officer. Item 40 of his DA Forms 20 shows no entries. 9. A review of his official military personnel record shows that in 2003 a senior commissioned officer at HRC denied him the Purple Heart. He stated the applicant did not meet the three criteria required for award of the Purple Heart: * evidence must be available to show the Soldier was wounded or injured as a direct result of enemy action * the wounds or injuries must have been required medical treatment [at the time of the wounding or injury or shortly thereafter] * the treatment must be recorded in official records 10. His three sworn statements were previously reviewed in AR20060006264. In summary, the witnesses' state they served in the applicant's platoon as riflemen and one was provided by his platoon leader who was a commissioned officer in 1968. All state the applicant was wounded [in the neck] during the morning of 31 January 1968 when they encountered a strong enemy force who used rocket propelled grenades on their position. a. Each witness states the applicant disregarded his wound and continued to perform his duties as a platoon sergeant. b. The platoon leader states, in pertinent part, his platoon consisted of four armored personnel carriers that were parked outside the tactical operations center (TOC) of the 2nd Field Force. His unit was the reactionary force when the TOC was attacked by rocket propelled grenades. He states, “[The applicant] ran to my track so that we could coordinate our operation… a rocket impacted near my track with shrapnel hitting my track and a piece struck [the applicant] in the neck and lodged beneath the skin. It was a very hectic moment.” c. The unit received instructions to move out toward the village. As they were under attack and "since the wound did not appear life threatening, the applicant said he would go with the platoon. The platoon leader stated he was wounded and evacuated shortly after the applicant’s wounding so he was not available to follow up or recommend him for the Purple Heart. For the unit’s actions, they received the Valorous Unit Award and the applicant received the Silver Star. 11. In the original case (AR20060006264) the Board denied awarding him the Purple Heart because he did not provide evidence he met the three criteria for award of the Purple Heart. His record and evidence lacked medical documents showing he received treatment by a medical professional and the wounding and treatment were made a matter of official record. 12. Army regulations provide that each approved award of the Purple Heart must exhibit all of the following factors: wound must have been the result of enemy or hostile act or friendly fire; the wound must have required treatment by medical officials; and the records of medical treatment must have been made a matter of official record. 13. The applicant's record does not contain an entry in item 40 (Wounds) of his DA Form 20 and his name was not listed on the casualty roster. There is nothing in his military record to indicate he was injured as a result of hostile enemy action. Nevertheless, he did provided three statements from fellow Soldiers who attest to the fact that the applicant was wounded on the morning of 31 January 1968, when his unit encountered a strong enemy force who used rocket propelled grenades on their position and a rocket hit near the applicant's position and the shrapnel from the explosion struck him in the neck. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002717 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2