ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 June 2019 DOCKET NUMBER: AR20170004361 APPLICANT REQUESTS: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), block 23a (Specialty Number & Title) to read 1203 Armored Unit Recon Commander * promotion to Captain * to be awarded the following awards, badges, and tabs: * Medal of Honor * Silver Star Medal * Purple Heart Medal (ten awards) * Bronze Star Medal * Combat Infantryman Badge * Ranger Tab * Sniper Tab APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement (eleven pages) * DA Form 20 (Enlisted Qualification Record) * DA Form 66 (Officer Qualification Record) * DA Form 67-6 (U.S. Army Officer Efficiency Report) (extracts of the front sides only), for rating periods from 15 February to 22 July 1968, 23 July to 13 October 1968, 14 October 1968 to 1 January 1969, 2 January to 19 June 1969, and 20 June to 17 October 1969 * General Orders (GO) Number 1317, dated 23 April 1969, awarding him the Army Commendation Medal with "V" Device, plus award certificate * Appeal Memorandum, dated 12 December 1969, to commanding officer, 1st Squadron, 10th Cavalry (1/10 Cavalry), 4th Infantry Division, Re: Appeal of award of the Army Commendation Medal with “V” Device in lieu of award of the Bronze Star Medal * Reply Memorandum from Adjutant, 1/10 Cavalry, dated 3 January 1970 * * Letter to Commanding Officer 1/10 Cavalry, 4th Infantry Division, dated 12 December 1969, subject "Awards" * Adjutant Memo to the applicant, subject "Awards", dated 3 January 1970 * Standard Form (SF) 88 (Report of Medical Examination), dated 12 May 1970 * Medical Board Proceedings Document, dated 13 May 1970 * DA Form 199 Physical Evaluation Board (PEB) Proceedings (with narrative summary), dated 26 May 1970 * DA Form 1361 (Recommended Findings of Physical Evaluation Board), dated 26 May 1970 * SF 88 (Report of Medical Examination), dated 22 August 1972 * SF 89 (Report of Medical History), dated 22 August 1972 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 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 states in his self-authored statement, he believes he should be considered for promotion to captain, be approved for awards and tabs based on his honorable combat service and injuries sustained while deployed to the Republic of Vietnam (RVN), and requests a correction of his DD Form 214, Item 23A (Specialty Number & Title) to be changed from 1204 Armored Recon Unit Commander, to read: 1203 Armored Recon Unit Commander. a. He was denied his well-earned promotion to captain because he would have been required to remain in service for 3 additional years, but he was confined to a hospital bed due to injuries incurred while in Vietnam. He was verbally informed by the captain of B Company, 1st Infantry Brigade, Vietnam (a unit he was attached to at that time), that he would be awarded the Silver Star for heroism performed on 10 March 1969 at Landing Zone Vera, in the RVN. b. He describes how he was exposed to combined rocket, mortar, and artillery fire at least 3 times while performing crater analysis of an area (created by enemy explosives) to determine the location of enemy gunners on 10 and 11 March 1969. He was shot at multiple times and was knocked to the ground by a blast from an enemy projectile. He also complains of wounded eardrums resulting from the blast impact and burns on his hands from touching rocket fins in the crater. He states he reported the direction of the North Vietnamese Army (NVA) guns to his command and the enemy guns were silenced. c. He was wounded 10 times, and believes it’s disgusting that he was not awarded any Purple Hearts. He adds that not getting his Purple Heart award is hindering him a. from getting Department of Veterans Affairs (VA) benefits and special combat pay for his wounds. They were attacked again on 11 March 1969, but because of post- traumatic stress disorder (PTSD) and memory loss, he had no recollection, but had to conduct another live crater analysis. He was informed by his first sergeant at an awards ceremony that he did not get the Silver Star because the awards clerk said a live crater analysis was never done before. As a result, he was awarded an Army Commendation Medal. d. He states that he is returning the award to the Board with the request that it is forwarded on to the Department of the Army, because he states, in effect, it’s illegal because you must be nominated for an Army Commendation Award. He also states he deserves the Combat Infantry Badge and Sniper Tab for all the ground operations he was involved in including 1 and 2 man sniper teams, fixed bayonet assaults on fortified bunker complexes, while leading infantry units and tankers. e. He adds he was attached to the Special Forces camp at Edap Enang for months. When sent to a Special Forces camp at Kontum Province, he destroyed a sapper company with artillery on his third day there. He also accompanied a Special Forces Soldier to capture the Viet Cong (VC) paymaster in the middle of the night. f. He burned both hands while assisting a group of Rangers that sought shelter in his personnel carrier (PC). He states the last Ranger to enter his PC tripped a flare on the back of his rucksack and the flare was reportedly burning his back. The applicant expressed he threw the Soldier to the floor and took measures remove the flare to prevent further injury. He described further wounds to his hands were caused by shrapnel while attempting to shoot the tall of bamboo trees in an area designated to be an extraction point for a helicopter evacuation for one of his wounded men. He states the blades of the helicopter was cutting the tree tops and not able to safely get down to the wounded, which is the reason he started shooting them in order to push them over. g. He suffered head trauma resulting from being in a bunker directly beneath a 105 millimeter barrel while assigned to an artillery battery. He explains, the blast from the barrel would blow him back into the bunker. While at a location called ANKHE, he was yelled at by the commanding officer that he would never receive any medals, because he refused a direct order to kill a group of approximately 200 Montagnard villagers that ran from an area he was near during an ambush to one of their platoons. He described he could not distinguish the villagers from NVA Soldiers. h. He also states while at ANKHE, he got his right eye blinded by a rope. No Purple Heart was awarded even after a medivac to Fitzsimons Army Hospital in the United States. He shares he was hospitalized for 8 months and was medically discharged a year later at the rank of first lieutenant/O-2. He adds that the VA did not inform he was to be discharged and could never be an effective officer with all of his injuries. He says, it they had told him the truth, he would have taken his promotion and not have lost a. approximately a quarter of a million dollars in the difference of rank. The applicant states he wants his promotion to captain and his 47 years of back pay. i. He concludes by complaining of head trauma, PTSD, loss of memory, hearing loss and injury to his right eye after giving all he had to the 1/10 Cavalry, 4th Infantry Division. He shares he has had to resort to pain pills and eye drops and additionally, has dizziness. He states he should have a combined VA disability rating of 235% but the VA has rated him at 95%. 3. The applicant provides: a. Extracts of his evaluations (front sides only) from his Officer Efficiency Reports, DA Form 67-6 for each of his consecutive rating periods, from 15 February 1968 through 17 October 1969 to support his performance ratings and eligibility for promotion to captain. b. GO Number 1317, dated 23 April 1969, with the award certificate, from Headquarters, 4th Infantry Division, Vietnam, awarding him an Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the RVN. c. Standard Form (SF) 88 and SF Form 89, provides results of a post-service reevaluation of the injury to his right eye. 4. With respect to the applicant's request for award of the Medal of Honor, Silver Star, and Bronze Star Medal, based upon his application, the evidence of record, and accompanying supporting documents he provides, it does not appear he was recommended for or awarded any of these awards. a. Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states in paragraph 2-5, Section II, that the Board will not consider any application if it determines that the member has not exhausted all administrative remedies available to him/her. b. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 1-14 of this regulation states, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which is outlined below, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration either for an individual or unit a. that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130. c. Title 10 USC 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10 USC 1130, an applicant must submit a DA Form 638 (Recommendation for Award). The DA Form 638 should clearly identify his/her unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which he/she is requesting recognition must accompany the DA Form 638. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request. d. Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, an applicant must submit his/her request through a Member of Congress who will send it to the U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. e. The issues of Medal of Honor, Silver Star, and Bronze Star Medal, will not be discussed further in the Record of Proceedings. 4. A review of the application's service record shows: a. He was inducted into the Army of the United States as an enlisted Soldier on 14 March 1967. He completed Officer Candidate School and was honorably discharged on 14 February 1968 to accept appointment as a commissioned officer. b. He was appointed as a Reserve commissioned officer of the Army with concurrent call to active duty on 15 February 1968, in the rank of second lieutenant (2LT). c. There are no certificates of training, service school academic evaluation reports, or entries on his DA Form 66 (Officer Qualification Record) that show he completed the Ranger Course or the Sniper Course. His DA Form 66 shows: (1) He was trained in and held the military occupational specialty (MOS) (now called area of concentration) 1203 (Tank Unit Commander) as of 15 February 1968. (1) (2) He served in Vietnam from 6 February 1969 to 31 October 1969. He was promoted to first lieutenant (1LT) on 15 February 1969. He was assigned as a platoon leader to Troop A, 1st Squadron, 10th Cavalry (from 14 February 1969 to 21 July 1969) and a support platoon leader to the same Troop from 22 July 1969 until 17 October 1969. (3) He was reassigned in a patient status on 18 October 1969 to the U.S. Army Hospital at Camp Zama and on 1 November 1969 to Fitzsimmons Hospital in Denver, CO. d. DA Form 2496 (Disposition Form (DF)), Subject: Award of MOS, dated 6 May 1969, was forwarded to the commanding officer, A Troop, 1/10th Cavalry, 4th Infantry Division, from the adjutant within the office of the commanding officer, 1/10th Cavalry. The DF notified the commander of A Troop that the applicant was recommended for the award of MOS 1204 (Armor Recon Unit Commander) as his primary MOS. The troop commander endorsed the award of the MOS on 8 May 1969. e. Adjutant Memo from commanding officer, 1/10th Cavalry, 4th Infantry Division to the Commanding General (CG), 4th Infantry Division, Subject: Award of MOS (recommend approval), dated 17 May 1969 further endorsed award of the MOS change on the applicant’s behalf. f. On 18 May 1969, the applicant was awarded the MOS of 1204 by the CG, 4th Infantry Division, because he performed duties in the MOS and demonstrated outstanding leadership as an armored cavalry leader for a period of at least 60 days. g. On 1 September 1969, the applicant initiated a memorandum to his commanding officer, requesting an early separation from military service, in accordance with Army Regulation (AR) 635-100 (Personnel Separations-Officer Personnel) , paragraph 3-87, to attend school. The CG, 4th Infantry Division approved the applicant’s request on 6 September 1969. h. FGH Form 1858-PM (Absence from Duty Statement Sickness, Injury or Hospitalization), dated 20 September 1969, provides proof the applicant was hospitalized at Fitzsimons General Hospital, CO. i. DA Form 2173 (Statement of Medical Examination and Duty Status, dated 25 September 1969, detailed the applicant suffered an eye injury to his right eye on or about 1000 hours, while starting a generator in his company area at Camp Radcliff, ANKHE, RVN, when the rope hit a 2 by 4 board supporting the roof over the generator, which snapped back and hit him in the eye. The applicant was treated at the 67th Evacuation Hospital on 20 September 1969. It was determined the applicant’s injury at, was considered to have been incurred in the line of duty. j. There is no evidence of record in several typical sources that shows the applicant was injured or wounded as a result of hostile action or that he was awarded a Purple Heart. (1) Item 18 of his DA Form 66 does not show a combat wound or injury, but does show that he was a patient assigned to the military health clinic (MHC) US Army Hospital (USAH), Camp (CP) Zama, APO 96343 for approximately 14 days. The applicant was subsequently transferred to the military health clinic, Fitzsimmons General Hospital, CO on 1 November 1969. Item 21 does not list the Purple Heart as an authorized award. (2) The applicant’s 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. (3) The applicant’s 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. (4) 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. k. On 12 December 1969, while assigned to Fitzsimons General Hospital, the applicant initiated a letter to the commanding officer, 1/10th Cavalry. He expressed his appreciation for having served with the organization, but shared his concerns that he did not receive award of the Combat Infantry Badge and a Bronze Star medal for the number of ground patrols, night ambushes, and combat assaults he performed while serving there. l. On 3 January 1970, the Adjutant for the 1/10th Cavalry forwarded a response to he applicant and made him aware that he was not authorized the Combat Infantryman Badge in accordance with 4th Infantry Division Regulation 672-1, dated 29 January 1969 with changes. The memo stated the applicant had been recommended for the Bronze Star Medal for service with the unit from 17 February 1969 to 20 September 1969. The memo also stated the applicant should receive his Bronze Star Medal for Service in 30 days. m. The applicant's service record is void of orders awarding him the Bronze Star Medal. n. A Form 78 (Recommendation for Promotion of Officer), dated 2 February 1970 provided the applicant would have attained eligibility for promotion on 15 February 1970. However, on 4 February 1970, the applicant initiated a declination statement to a. the CG, Fitzsimons General Hospital, requesting to be relieved from active duty at the end of his obligated voluntary service 14 February 1971. The applicant states within his statement, “To avoid additional service obligation which would be incurred upon promotion to Captain, AUS (assumed to mean Army of the United States), I hereby decline the promotion”. o. Fitzsimmons General Hospital memo, dated 15 February 1970, provided by the Chief, Military Personnel Branch, states the applicant was promoted as a Reserve commissioned officer of the Army effective 15 February 1970 to the grade in the branch and component shown in the address listed. The grade and branch listed is 1LT and the branch and component shown is ARM (for Armor) USAR (for United States Army Reserve). p. Some of the applicant’s medical records are available for review with this case in addition to the documents he provided. They are: (1) SF 88, dated 12 May 1970, initiated in support of a medical evaluation board (MEB) and Physical Evaluation Board (PEB) process on behalf of the applicant, provides clinical evaluation data and descriptions of abnormalities the applicant had at the start of his MEB. The most notable abnormality listed was injury and partial blindness to his right eye. (2) DA Form 8-118 (Medical Board Proceedings), dated 13 May 1970, which summarizes the MEB proceedings, shows the Board determined the applicant to be medically unfit due to the injury and partial blindness to his right eye. On 18 May 1970, the MEB Board recommended the applicant be presented to a PEB. (3) DA Form 199 (Physical Evaluation Board Proceedings) (with supporting documents), which summarized the PEB proceedings, determined the applicant to be unfit to perform the duties of his office, rank or grade because of his physical disability. On 26 May 1970, the applicant was recommended to be placed on the temporary disability retired list. (4) DA Form 1361, Recommended Findings of PEB shows the applicant was notified of the findings of the PEB on 27 May 1970. The form verifies the applicant was determined to be physically unfit for military service. The form was signed by the applicant acknowledging his disability was incurred while he was entitled to receive basic pay, was the proximate result of the performance of military service, and was not due to misconduct or willful neglect. The applicant also acknowledged the disability was not a direct result of armed conflict, but was caused by an instrumentality of war. q. On 7 October 1970, the applicant was honorably retired from active duty under by reason of temporary disability. His DD Form 214 shows he completed 3 years, 6 months, and 24 days of total active service. His DD Form 214 shows in: a. (1) Item 5a (Grade, Rate, or Rank) shows “1LT” for first lieutenant and 5b (Pay Grade) shows “O-2”. (2) Item 6 (Date of Rank) shows 15 February 1969 (3) Item 23a (Specialty Number & Title) shows “1204 Armored Recon Unit Commander (4) Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Army Commendation Medal with “V” Device * Vietnam Campaign Medal with “60” Device * Vietnam Service Medal with 3 bronze service stars * Marksman Marksmanship Badge with Pistol Bar * Sharpshooter Marksmanship Badge with Rifle Bar (5) Item 25 (Education and Training Completed) shows “The Army Equipment Records System” 5. By regulation AR 600-8-22, Military Awards: a. 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 personnel * the medical treatment must have been made a matter of official record b. The criteria for award of the Combat Infantryman Badge requires the submission of substantiating evidence to verify the three basic requirements: * The Soldier must be an infantryman satisfactorily performing infantry duties, * The Soldier must be assigned to an infantry unit during such time as the unit is engaged in active ground combat * The Soldier must actively participate in such ground combat. c. Other specific requirements state that an Army Soldier have an infantry or special forces MOS in the grade of colonel or below. Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances. d. The Ranger Tab is awarded for successful completion of a Ranger course conducted by the U.S. Army Infantry School or Ranger Training Command. a. e. The Sniper Tab is not an authorized permanent tab recognized by the Department of the Army for wear service-wide. 6. By regulation (AR 635-5), a. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. b. Consideration for permanent promotion is based on the officer’s position on the promotion list of the Regular Army, permanent date of rank, or service for promotion purposes, as appropriate. Headquarters, Department of the Army will announce the range of dates or rank, basic dates or promotion list numbers, as appropriate, constituting the zones of consideration for each grade. 7. By regulation (AR 635-5), the entries for items 5a, 5b, and 23a are as follows: a. Item 5a (Grade, Rate, or Rank), for officer personnel, enter grade in which serving at time of separation as shown in item 2 (Grade), DA Form 66. Since this entry may be an officer’s temporary (Army of the United States (AUS)) or permanent (Regular Army (RA) or Reserve (Res)) grade and does not show the date of appointment, additional entries will be made in item 30 (Remarks) to clarify the grade status. (Example for item 30 “Item 5a-temp CPT AUS, appointed (aptd) 5 May 56”, perm 1LT, RA aptd 1 Dec 55”). b. Item 5b (Pay Grade), for officer personnel, enter pay grade, e.g., “O-6” or “W-2.” c. Item 23a (Specialty Number & Title), enter primary MOS code number, title, and date of award. In addition, enter primary MOS evaluation score and date of score. If more space is required, enter “See 30” and continue remark in item 30. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The MOS is correctly listed on his separation document. The Board also found that the applicant signed a Declination Statement so he could not get promoted. Additonally, the Board found insufficient evidence to show that the applicant was ever awarded any of the requested awards by an authorized commander to do so. Finally, the Board found no proof of Ranger training, a Sniper Tab not exist and the CIB is not authorized because he was not Infantry or Special Forces. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 6/12/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 600-8-22, (Army Regulation (AR) 600-8-22 (Military Awards)), in effect at the time, governed the eligibility and award authority of all awards and decorations issued to members of the U.S. Army. a. Paragraph 3-9, provides the Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States. The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his or her comrades and must have involved risk of life. Incontestable proof of the performance of the service is required. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. Paragraph 3-12, provides the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. Paragraph 3-16, provides the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. d. Paragraph 2-8, provides 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. 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 include 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 a. generated explosions. Not more than one award of the Purple Heart will be made for more than one would or injury received at the same instant or from the same missile, force, explosion or agent. e. Paragraph 8-6, provides for award of the Combat Infantryman Badge. There are basically three requirements for award of the Combat Infantryman Badge: (1) The Soldier must be an infantryman satisfactorily performing infantry duties. (2) He must be assigned to an infantry unit during such time as the unit is engaged in active ground combat (3) He must actively participate in such ground combat. f. Specific requirements state that an Army Soldier have an infantry or special forces MOS in the grade of colonel or below. Personnel with other than an infantry or special forces MOS are not eligible, regardless of the circumstances. g. Paragraph 8-46, provides the Ranger Tab is awarded for successful completion of a Ranger course conducted by the U.S. Army Infantry School or Ranger Training Command. 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. AR 624-100 (Promotion of Officers on Active Duty), paragraph 14, provides consideration for permanent promotion is based on the officer’s position on the promotion list of the Regular Army, permanent date of rank, or service for promotion purposes, as appropriate. Headquarters, Department of the Army will announce the range of dates or rank, basic dates or promotion list numbers, as appropriate, constituting the zones of consideration for each grade. 5. AR 635-100 (Personnel Separations-Officer Personnel), paragraph 3-87, provides Officers serving initial obligated tours of active duty, who services are not essential to the mission of their assigned organization and who meet the requirements, may request release from active duty to attend a recognized institution of higher education.