ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 July 2019 DOCKET NUMBER: AR20170008003 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Photos of the applicant in a sling * An image of a name from the Vietnam Veterans Memorial * Memorandum from Department of Veterans Services – Town of Bridgewater * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 was never awarded the Purple Heart as a result of hostile action resulting in a wound on his left hand that took place in South Vietnam late February 1969, during a mortar attack. a. He was the veterinarian for 25th Infantry Division. He left base camp to help transport a Soldier, Sergeant (SGT) X_____ and his wounded scout dog. They made a stop to treat additional scout dogs and while waiting at the airstrip for a ride, they came under mortar attack. They dove into a bunker and he believed a small piece of shrapnel or a bite from the frightened scout dog resulted in the wound on his left hand; however, he realized the Soldier and his scout dog were on his right. b. The incident took place on February 24th or 25th and they made their way to a small foreign medical station. The wound was cleaned, sutured, bandaged, and he was given a Tetanus shot, pills, and placed in a sling. The following morning he learned that the mortar attack that took place in Dau Tieng, the location of their stop, had claimed the life of a dear friend. The friend was posthumously awarded the Medal of Honor for acts of heroism. c. On 26 February 1969, he came under another ground mortar attack in Cu Chi and he believes he contacted the 4th Medical Detachment in Saigon to inform them of his combat related wound. They were processed out late February, 1969 before taking action on his Purple Heart. The only witness to the account, SGT X____, was killed in an automobile accident shortly after returning home. d. The applicant requests communication with the 4th Medical Detachment be obtained or medical reports from the Philippines Medical Facility at Tay Ninh. His attempts of obtaining the Purple Heart from a staff member in Washington were unsuccessful since he was unable to provide proof of the injury (blood). He was able to locate the photos he has provided to show proof of the injury and would like assistance with this matter. It has bothered him for almost 48 years. 3. The applicant provides: * photos of his injury * an image from the Vietnam Veterans Memorial * a memorandum from the Town of Bridgewater, Department of Veterans Services dated 27 February 2017 assisting with the submission of the application * DD Form 214 effective 27 May 1969 4. A review of his service record shows: a. He was appointed as a Reserve commissioned officer and executed an oath of office on 15 November 1966. He entered active duty on 3 August 1967. b. He served in Vietnam from 16 June 1968 to 24 May 1969 through 4 campaigns. His DA Form 66 (Officer Qualification Record) shows he served as Meat and Dairy Product Inspection Officer for the 4th Medical Detachment, attached to the 12th Evacuation Hospital. c. On 27 May 1969, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with 60 Device * Bronze Star Medal * two overseas service bars 5. There is no evidence of record in several typical sources that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: a. His medical records, which would have listed any injuries and treatment of such injuries, are not available for review with this case. b. Item 21 (Awards and Decorations) of his DA Form 66 does not list the Purple Heart as an authorized award. c. His name is not shown on the Vietnam casualty roster, a compilation of most of those who were wounded in Vietnam, which is used to verify eligibility for the Purple Heart. d. His 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. e. 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 any orders for the Purple Heart pertaining to the applicant. 6. By regulation (AR 600-8-22), 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 7. By regulation (AR 15-185), the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases on the evidence of record; it is not an investigative body. 8. A review of the applicant’s record confirms he is eligible for awards that are not recorded on his DD Form 214. These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider award of the Purple Heart. 9. Department of the Army General Orders (DAGO) Number 56, dated 1969, awarded the Meritorious Unit Commendation to the 4th Medical Detachment, for service in Vietnam for the period of 1 July 1968 to 31 December 1968. 10. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to: * Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 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 medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the 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 did note the administrative notes below from the analyst of record and recommended those changes be completed to more accurately depict the applicant’s military record. 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 as follows: * Delete Vietnam Service Medal * Add Vietnam Service Medal with 4 bronze service stars * Add Meritorious Unit Commendation * Add Republic of Vietnam Gallantry Cross Unit Citation with Palm 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. Army Regulation (AR) 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. AR 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. a. A bronze service star is authorized to denote participation in each designated campaign. b. 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 3. 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. Department of the Army General Orders (DAGO) Number 56, dated 1969, awarded the Meritorious Unit Commendation to the 4th Medical Detachment, for service in Vietnam for the period of 1 July 1968 to 31 December 1968. 4. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. ABCMR Record of Proceedings (cont) AR20170008003 5 1