ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 January 2019 DOCKET NUMBER: AR20170008863 APPLICANT REQUESTS: * Award of a second Purple Heart * Combat Infantry Badge (CIB) APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Letters of Character Reference * VA Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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 effect he did not receive his second Purple Heart for enemy action, which occurred on 21 June 1967. In addition, he was not awarded the CIB. 3. The applicant: * inducted on 16 December 1966 * was awarded Military Occupational Specialty 11B * was credited 1 year of foreign service, according to his DD Form 214 * was honorably released from active duty on 4 September 1968 4. Army Regulation 600-8-22 (Military Awards) states 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 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. 5. The applicant's record contains in his DA Form 20 (Enlisted Qualification Record): * item 38 (Records of Assignment) two date entries to show he was assigned to a hospital in a patient status on 31 July 1967 and 20 June 1968 during the time he was assigned at USARPAC * item 40 (Wounds) lists gun shot wound right buttocks, 25 July 1967 item 41 (Awards and Decorations) lists Purple Heart with Special Order dated 18 April 1968 6. The applicant’s record does not contain: * medical records showing injury as a result of hostile enemy action * orders awarding him a second Purple Heart * a Western Union Telegram/Cablegram informing his next of kin of an injury/wound or any Army Adjutant General correspondence regarding an injury. This was a normal notification procedure during the Vietnam War 7. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governs the award of the Combat Infantryman Badge for infantrymen operating in South Vietnam who served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size and possessed an infantry military occupational specialty. 8. The applicant served as an 11B (Light Weapons Infantryman) with Company D, 87th Infantry (attached to HHD, 95th Military Police Battalion), as shown on his DA Form 20. 9. His record is does not contain documentation that shows he was awarded the CIB. 10. The applicant was honorably released from active duty on 4 September 1968. He was credited 1 year of foreign service, according to his DD Form 214 and was awarded or authorized the: * Purple Heart * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Marksmanship (Rifle) Badge 10. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders that confirm the applicant was awarded the Purple Heart. 10. A review of the Adjutant General's Office Casualty Division's Vietnam casualty roster does not show the applicant's name as a combat casualty. 11. The applicant provides a list of soldiers killed in action on 21 June 1967, along with personal statements from three Soldiers that served with him during the battle: a. The applicant’s RTO of the Platoon at the time verified the incident that occurred on 21 June 1967 where he said the uniqueness of the applicants gunshot wound makes it hard to forget. He was wounded in action when a bullet shot through his helmet and exited on the opposite side. It definitely rang his bell and no doubt a concussion, but other than the two holes in his helmet the only visible damage from the grazing rifle was a bleeding wound across his scalp. He refused to get on the medevac and continued fighting. b. A hometown friend, who was a Forward Observer and served with the applicant and arrived in Vietnam with him a few weeks prior, said he was in radio contact with the acting commander who stated the applicant was shot by a sniper on the head, knocking him out for a few minutes. The commander said he was sending him out with the next helicopter to go to the Aid Station. He also talked to other Soldiers, and many of them mentioned how the applicant was knocked out and how they thought he was dead. c. A fellow soldier who witnessed the applicant in combat, states it was when the squad reached the villages edges when enemy rounds were fired, knocking the applicant back and down. Other gathered around him and did not know if he was died or alive. He mentions how the applicant was pointing at a bullet hole in the front of his helmet and then to one in the back. The applicant pulled his helmet off, showing him where the round had ripped up through and over the top of the helmet liner. The applicant said "Look right here where the bullet scorched the top of my head," handing his helmet. The helmet and liner were fused together, and a one inch bum of pink flesh crested the applicant’s crown. He mentioned how the 1st Air Calvary Division Commander came out after the battle and shook the applicant’s hand. He also stated how he only knew the applicant a couple of months because he was wounded a second time, and that's why he left the field, receiving his second wound July 25th. He was there, but didn't witness it happening and never saw him again. 12. The applicant also provides a copy of VA Form 21-0781, which states on 21 June 1967, the assault began in the village of Van Thiem and he was in the lead squad. His squad came under fire as they crossed the rice patties into the village. They exchanged fire, and he was grazed in the head by a sniper and knocked unconscious. He was bleeding from the head and was ordered to chopper out, but because of heavy casualties, he decided to stay and fight with his platoon. 13. There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal. Records do not show indiscipline or lost time. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service. He was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 16 December 1966 through 4 September 1968. 14. The applicant applied to the Army Discharge Review Board on 19 February 2015 and was directed to the ABCMR for consideration. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. Based upon evidence found within the applicant’s record and witness statements, the board recommends granting the request for Purple Heart and Combat Infantry Badge. BOARD VOTE: Member 1 Member 2 Member 3 :X X X Full Grant : : : Partial Grant : : : Formal Hearing Grant : : : Deny BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 (Certificate of Release or Discharge from Active Duty): * Add second Purple Heart * Add Combat Infantry Badge 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, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states 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 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. 3. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) specifically governed the award of the Combat Infantryman Badge for Army forces operating in South Vietnam. The criteria for award of the Combat Infantryman Badge, identified the men who trained, lived, and fought as infantrymen, and identified the Combat Infantryman Badge as a unique award established to recognize the infantryman for his service. It further stipulated the Combat Infantryman Badge was not awarded for being shot at or for undergoing the hazards of day-to-day combat. It further provided that the badge was authorized for award to infantry officers and warrant officers and to enlisted Soldiers who possessed an infantry MOS, provided they served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 4. AR 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of at least 1 year. The enlisted person must have had all "excellent" conduct & efficiency ratings and no convictions by a court-martial. ABCMR Record of Proceedings (cont) AR20170008863 5