ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 June 2019 DOCKET NUMBER: AR20170007610 APPLICANT REQUESTS: in effect, award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show it. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 20 (Enlisted Qualification Record) * Veterans Administration (VA) Disability Rating Letter dated 4 February 1991 * Veterans Service Agency (County of Sullivan) Letter dated 15 February 2017 * Standard Form (SF) 513 (Clinical Record – Consultation Sheet) * DD Form 214 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 he sustained a shrapnel wound in his buttocks on 2 March 1967 during his time in South Vietnam and is unsure why he did not receive award of the Purple Heart. He is currently receiving 20% service connection disability for the injury. He was not made aware of the discrepancy in his records until he reviewed his records with a Veteran Service Officer. 3. The applicant provides: a. His DA Form 20 which noted his foreign service in Block 31, Vietnam from 20 August 1966 to 19 August 1967. Block 38 (Record of Assignments) shows he was assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment. b. A VA letter, dated 4 February 1991, indicated he was rated 20 percent for a service disability that is of a permanent nature. c. A letter from the County of Sullivan, Veterans Service Agency, dated 15 February 2017, which states the DD Form 149 and supporting documents are submitted to request award of the Purple Heart. d. The SF 513, Clinical Records – Consultation Sheets, noted the applicant suffered a fragment wound in the right buttock in March 1967 and the fragment was not removed. X-ray showed it to be approximately 4-5 centimeters. 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 8 November 1965. b. He served in Vietnam, through 2 campaigns, from 20 August 1966 to August 1967. He served in military occupational specialty 11D2U, Armor Intelligence Specialist and he was assigned to A Troop, 1st Squadron, 11th Armored Cavalry Regiment. c. The Standard Form (SF) 600 (Health Record – Chronological Record of Medical Care) noted the timeline of treatment for the applicant from 11 March 1967 through 26 March 1967. The injury date was noted as 11 March 1967 and he was transferred from the 45th Surgical Hospital to the 37th Medical Detachment on 14 March 1967. He was discharged from the hospital with limited duty on 20 March 1967. d. On 21 August 1967, he was honorably released from active duty and transferred to the United States Army Reserve. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 9 months, and 14 days of total active service with 1 year of foreign service. It also shows he was awarded or authorized: * National Defense Service Medal * Good Conduct Medal * Vietnam Campaign Medal * Vietnam Service Medal * Combat Infantryman Badge * Sharpshooter Marksmanship Badge with Rifle (M-14) Bar * Expert Marksmanship Badge with Rifle (M-16) Bar 5. By regulation, the Purple Heart is awarded for a wound/injury 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 * the medical treatment must have been made a matter of official record 6. Department of the Army Pamphlet 672-3 (Unit Citations and campaign Participation Credit Register) assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. 7. Department of the Army General Order (DAGO) Number 60, dated 1969, awarded the 11th Armored Cavalry Regiment and its assigned and attached units the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam from 7 September 1966 to 10 August 1968. BOARD DISCUSSION: Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found insufficient evidence to show that the fragment wound of the applicant was as a result of hostile action. As a result, the Board recommended denying the applicant’s request. 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: 1. 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. 2. Prior to closing the case, the Board noted the administrative notes below from the analyst of record and recommended those changes be completed to more accurately depict the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s service records show he is authorized an additional award not annotated on his DD Form 214. As a result correct his DD Form 214 to show * Republic of Vietnam Gallantry Cross Unit Citation with Palm * 2 bronze service stars with his already-awarded Vietnam Service Medal 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. The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national 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, died or sustained wounds as a result of hostile action. Effective 19 May 1998, award of the Purple Heart is limited to members of the Armed Forces of the United States. 3. Army Regulation (AR) 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. It states the Purple Heart is awarded in the name of the President of the United States to any member of an Armed Force or any civilian national 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, has been wounded or killed, or who has died or may hereafter die after, being wounded: * In any action against an enemy of the United States * In any action with an opposing armed force of a foreign country in which the Armed Forces of the U.S. are or have been engaged * While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party. * As the result of an act of any such enemy of opposing Armed Forces * As the result of an act of any hostile foreign force 4. Department of the Army Pamphlet 672-3 (Unit Citations and campaign Participation Credit Register) assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. 5. Department of the Army General Order (DAGO) Number 60, dated 1969, awarded the 11th Armored Cavalry Regiment and its assigned and attached units the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam from 7 September 1966 to 10 August 1968. ABCMR Record of Proceedings (cont) AR20170007610 4 1