BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20170003390 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 BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20170003390 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20070016566, dated 18 March 2008, and AR20080008958, dated 4 September 2008. 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 for wounds received on 30 March 1969 in the Republic of Vietnam * adding the Purple Heart to his DD Form 214 ____________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: 4 May 2017 DOCKET NUMBER: AR20170003390 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, the spouse of a former service member (FSM), requests reconsideration of the FSM's previous requests for the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. The applicant states, in effect, she is providing a new argument and new evidence that were not previously considered. 3. The applicant provides the following pertaining to the FSM: * DD Form 214 * two Standard Forms (SF) 600 (Chronological Record of Medical Care), dated between 11 November 1968 and 2 March 1970 * DD Form 1380 (U.S. Field Medical Card), dated 30 March 1969 * After Action Report (AAR), dated 30 April 1969 (15 pages) * SF 519 (Radiographic Reports), dated 5 February 1970 * Department of Veterans Affairs (VA) Rating Decision, dated 4 November 1981 * AR20070016566 Record Proceedings (ROP) with cover letter, dated 18 March 2008 * AR20080008958 ROP with cover letter, dated 4 September 2008 * two statements from the FSM, dated 20 April 2011 and 6 June 2013 * three statements of support, one undated and two dated 6 June 2013 and 15 May 2015 * four letters, dated between 4 May 2009 and 21 September 2016 * 10 pages of names/printouts of Soldiers from the Vietnam Veterans Memorial CONSIDERATION OF EVIDENCE: 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 AR20070016566 on 18 March 2008 and AR20080008958 on 4 September 2008. 2. As a new argument, the applicant states, in pertinent part: a. She and her spouse have attempted several times to have his records corrected to add the Purple Heart and each request was denied for different reasons. They were recently told the time had expired [to submit a request for reconsideration] but she questions how time can expire when they have been working on this request since 2008. Time does not expire when Soldiers are fighting on the battlefield, laying on the battlefield bleeding, when they are in the hospital unable to walk, not able to remember anything, or when they are burnt over most of the body. b. It was stated that there was no evidence to support this award. However, they have the original triage tag [medical card] given to her spouse on the battlefield on 30 March 1969 by Specialist Four (SP4) LW, the C Company medic, who was there to support A Company. They also have a letter from former SP4 LW stating that he did sign the triage tag and C Company personnel were directed in to assist A Company as A Company had been ambushed. Plus, several of the men were killed in action (KIA) or taken prisoner of war (POW). c. She includes as evidence the AAR from C Company titled, "Operation Wayne Grey." The AAR stated there were no casualties on 30 March 1969; however, according to the Vietnam Memorial, 30 March 1969 is reflected as the date many members of A Company were killed. (She provides a roster of personnel with annotations next to the names of the Soldiers declared KIA by the unit.) They also have letters and first hand witness statements from witnesses who verify the FSM was wounded on 30 March 1969. One of the witnesses, Mr. AD, has just been located. As the triage tag stated, the FSM does have shrapnel in his neck and back, which is verified by the VA, from a rocket-propelled grenade (RPG) blowing up behind him causing him to fall to the ground. They have the names of the A Company KIA, wounded in action (WIA), and missing in action (MIA) from the ambush and firefight on 30 March 1969. d. They have not located an ARR from A Company. It may possibly be due to the fact all of the officers were WIA or KIA to include the FSM's Platoon Leader, Lieutenant (LT) TS. Since the FSM's injuries were not serious enough for a medical evacuation, his wounds were field-dressed and he remained with his company to continue fighting. They have talked to several men from his company who stated they had not received their Purple Hearts either. e. The FSM has given up hope of ever receiving his Purple Heart but she has not and never will. She sees him every day, despondent because he feels he fought for his country but his country will not fight for him or acknowledge he fought for it. She contacted the White House and President Obama because she did not know who else to contact. She has seen the President present awards to Soldiers many years after they had earned them. All they want is for the FSM to be awarded the Purple Heart and his records corrected to reflect it. 3. As new evidence, the applicant provides: a. A statement of support, dated 6 June 2013, wherein Mr. WHM stated he served with the FSM in Vietnam in A Company, 3rd Battalion (BN), 12th Infantry Regiment. On 30 March 1969, they were on a company operation to reclaim the bodies of an eight man squad that had been ambushed by the North Vietnamese army (NVA). They were also ambushed by the same NVA and were initially hit by small arms and machine gun fire. As the battle continued, they started to receive 82mm mortar rounds. Over 20 men were WIA and about six were KIA. Due to the lack of ability to extract the wounded, many personnel were just treated by the medic, to include the applicant. Although the FSM's wounds resulting from the mortar fire were not life threatening, they were wounds that drew blood and were located on the back of his neck. b. A statement of support, dated 15 May 2015, wherein Mr. LW (formerly SP4 LW) stated on 30 March 1969, he was in Vietnam assigned to C Company, 3rd BN, 12th Infantry, as a medic. They were sent to assist A Company, 3rd BN, 12th Infantry, who had been ambushed and were under fire for several hours. The FSM was one of the men he treated. He had hearing problems due to the proximity of the explosion behind him. He also had shrapnel in the right side of his neck, shoulder, and back. No pressure dressings were applied due to the area of the wound, as the dressing would have had to be placed around his throat. He gave the FSM the triage tag and he (the FSM) still has the original tag in his possession with his (SP4 LW's) signature on it. c. A statement of support, undated, wherein Mr. AD stated he served with the FSM in Vietnam in A Company, 3rd BN, 12th Infantry, and he was a squad leader. On 30 March 1969, the company was patrolling the bottom of a hill along a small stream. The company was ambushed by the NVA and Viet Cong soldiers. Two hidden NVA soldiers fired a rocket from a RPG launcher against a huge rubber tree. The FSM was against the tree and he was two yards from the FSM. The FSM was injured on his back and right shoulder and was also knocked deaf for hours. The severely wounded were evacuated and the rest of the wounded were given a physical test and everyone passed. They were field-dressed with hydrogen peroxide, iodine, and bandages. They never received their Purple Hearts as most of the leaders were wounded and evacuated. 4. The FSM was inducted into the Army of the United States on 23 May 1968 and he held military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewmember). On 2 November 1968, he arrived in Vietnam and on 14 November 1968 he was assigned to A Company, 3rd BN, 12th Infantry Regiment, 1st Brigade, 4th Infantry Division (ID). 5. A DD Form 1380, dated 30 March 1969, shows he was treated in the field on that date by medic SP4 LW for shrapnel wounds to the back of the neck. This form shows SP4 LW indicated the injury was incurred in the line of duty and stated the applicant possibly had ruptured eardrums but may just have temporary hearing loss. He had no instrument to look into the ears and would do so the following day. 6. A Combat Operations AAR, dated 30 April 1969, for Operation Wayne Grey, conducted from 1 March to 14 April 1969 by 1st Brigade, 4th ID units. The AAR stated, in part: a. On 30 March 1969, A Company, 3rd BN, 12th Infantry, moved in to recover the MIA from the contact [with enemy forces] on 27 March 1969. The bodies were found but the enemy again attacked with small arms fire and mortars. The company was ordered to withdraw and did so fighting its way back up the hill. C Company, 3rd BN, 12th Infantry, was dispatched to help secure the night location. b. On 31 March 1969, A Company and C Company, 3rd BN, 12th Infantry, received small arms and 150 rounds of 82mm, 60mm, and 75mm mortar fire in their vicinity. Artillery, mortars, and "Spooky" were employed. There were no U.S. casualties. 7. On 29 June 1969, the FSM was assigned to E Company, 3rd BN, 12th Infantry. On 7 October 1969, he was promoted to sergeant (SGT)/E-5. On 25 October 1969, he departed Vietnam and was assigned to Fort Hood, TX. 8. An SF 519, dated 5 February 1970, shows an x-ray of the FSM's cervical spine showed there were multiple, small, metallic fragments in the posterior soft tissues of the neck. 9. An SF 600, dated 2 March 1970, shows the FSM was treated on that date at the Fort Hood Dispensary. The treating physician noted the FSM had a plugged left ear, fragments in his neck, and headaches. He noted, in part, the applicant's neck had small surface fragments in his neck; however, he doubted that was the origin of the headaches. 10. In conjunction with the FSM's release from active duty, he completed a SF 89 (Report of Medical History). On the form, he indicated he was in good health, had pieces of fragments in his neck and back incurred in Vietnam in March 1969, and he had also lost his hearing for 12 hours. 11. The FSM was honorably released from active duty on 22 May 1970 in the rank of SGT and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows the: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Pistol Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 12. His record is void of orders awarding him the Purple Heart. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain an entry showing he was wounded in action as a result of enemy action. 13. His medical records are not available for review with this case. His name does not appear on the Vietnam casualty roster. 14. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the FSM the Purple Heart. 15. On 18 March 2008, the Board denied his request for award of the Purple Heart but determined he was eligible for other awards. It was determined that although the evidence he provided showed he sustained a shrapnel wound in Vietnam, there was no evidence to show the wound was the result of hostile action while engaging the enemy. 16. On 23 June 2008, he was issued a DD Form 215 (Correction to DD Form 214) amending his DD Form 214 by deleting the Vietnam Service Medal with 2 bronze service stars and adding the: * Army Commendation Medal * Army Good Conduct Medal * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Actions Honor Medal, First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Grenade Bar 17. On 4 September 2008, the Board again denied his request for award of the Purple Heart. It was determined he failed to provide evidence which conclusively proves, by a preponderance of the evidence, that he was wounded or injured as a result of hostile action, that he was treated by medical personnel for wounds or injuries sustained as a result of hostile action, and the medical treatment was made a matter of official record. 18. On 4 May 2009, the staff of the Board administratively letter closed the FSM's third request for the Purple Heart in accordance with regulatory guidance due to time limitation constraints for submitting requests for reconsideration. REFERENCES: Army Regulation 600-8-22 (Military Awards) states: a. 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are 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; and injury caused by vehicle or aircraft accident resulting from enemy fire. b. The Secretary of the Army will treat a member of the Armed Forces killed or wound in action by friendly fire in the same manner as a member who is killed in action as the result of an act of an enemy of the United States. A member described in this subsection is a member who is killed or wounded in action, on or after 7 December 1941 and before 30 November 1993, 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. DISCUSSION: 1. The applicant provides evidence showing the FSM was wounded in Vietnam on 30 March 1969, and treated in the field for those wounds on that date. The cause of this injury remains unknown. Although the AAR does not mention the FSM or any other Soldier by name, it is reasonable to presume he was wounded in action on 30 March 1969 during Operation Wayne Grey, when his unit was ambushed by enemy forces and fought their way back up the hill. 2. Based on the eyewitness statements and the evidence of record, it appears the FSM was wounded in the heat of battle by either enemy forces or by a "friendly" projectile released with the intent of inflicting damage or destroying enemy troops/equipment. As such, he appears to meet the criteria for award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170003390 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170003390 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2