ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 May 2019 DOCKET NUMBER: AR20170012576 APPLICANT REQUESTS: to be awarded the Purple Heart (2nd Award). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Purple Heart Certificates, dated 19 June 1968 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 3 July 1968 FACTS: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120012827 on 7 February 2013. 2. The applicant states he received two Purple Hearts on 22 March 1968, for wounds received during two separate engagements on 19 June 1968, while serving in the Republic of Vietnam. 3. The applicant enlisted in the Regular Army on 25 August 1965 and was awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman Infantryman). 4. The applicant served in the Republic of Vietnam from on or about 11 February 1966 through on or about 10 February 1967, and from on or about 14 February 1968 through on or about 27 June 1968, a combined total of 1 year, 4 months, and 10 days. 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. Item 38 (Record of Assignments), he served in the following units during his service in the Republic of Vietnam: * Company B, 2d Battalion, 35th Infantry Regiment, 25th Infantry Division, from on or about 11 February 1966 through on or about 10 January 1967 * Headquarters and Headquarters Company, 2nd Battalion, 35th Infantry Regiment, 25th Infantry Division, from on or about 11 January 1967 through on or about 8 February 1967 * Company B, 1st Battalion, 508th Infantry Regiment, 101st Airborne Division, from on or about 14 February 1968 through on or about 27 June 1968 b. Item 40 (Wounds), the absence of an entry that indicates he had recorded wounds from his period of service; and c. Item 41 (Awards and Decorations), the absence of an entry that shows he was awarded the Purple Heart. 6. The applicant was honorably released from active duty on 3 July 1968. His DD Form 214 shows he completed 2 years, 10 months, and 8 days of total active service, including 1 year, 4 months, and 10 days of foreign service. His DD Form 214 does not show he was awarded the Purple Heart. 7. There are no orders in his available military records that indicate he was awarded the Purple Heart. 8. A review of the Vietnam casualty roster, published by the Adjutant General's Office and maintained by the U.S. Army Human Resources Command (HRC), failed to reveal the applicant's name as a combat casualty. 9. 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 HRC, failed to reveal any orders pertaining to the applicant. 10. The applicant provides two Purple Heart Certificates. Both certificates cite his award of the Purple Heart for wounds received in action in the Republic of Vietnam on 22 March 1968. Each certificate is signed on 19 June 1968, by a different Division Commander of the 101st Airborne Division. 11. In his previous ABCMR case, the applicant provided a Standard Form 600 (Chronological Record of Medical Care) that shows a 22 March 1968 entry where he received medical treatment for fragmentary wounds to his right "hip" and left leg. 12. Army Regulation 600-8-22 (Military Awards) is the authoritative document for this issue. It prescribes that the Purple Heart is awarded for a wound sustained while in action against and 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. 13. The applicant's record is void of documentation that shows he was awarded the Army Good Conduct Medal in accordance with Army Regulation 672-5-1 (Awards), in effect at the time. Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his entire period of service. Despite the lack of award orders, there is no evidence of any convictions by courts-martial, nonjudicial punishment under Article 15 of the Uniform Code of Military Justice, or other documentation that shows his commander contemplated withholding his favorable recommendation or took action to deny him the initial award of the Army Good Conduct Medal. BOARD DISCUSSION: In addition to the administrative notes of the analyst of record found below the signature block and after consideration of the applicant’s request, all supporting documents, evidence in the service record, and applicable policies and guidance, the Board found that partial relief was warranted. 1. Regarding the Purple Heart Medal, although the applicant provided two Purple Heart Medal certificates and stated that he was wounded twice in the same day, there is only evidence of one wound. Furthermore, the certificates were both signed by the applicant’s Division Commanders, the incumbent commanding general, Major General Barsanti, who served as the 101st Airborne Division commanding general from July 1967 to July 1968, and the incoming commanding general, Major General Zais, who served as the 101st Airborne Division commanding general from July 1968 to May 1969. The board agreed that the valid Purple Heart Medal certificate was the one signed by the incumbent commanding general for the date of the injury (19 June 1968), Major General Barsanti, and the other certificate is a copy. Therefore, the Board found sufficient evidence that the applicant met the regulatory requirements for one Purple Heart medal, not two. 2. As the Board reviewed the record, it determined that there is sufficient evidence that the applicant met the criteria for award of the Army Good Conduct Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes of the analyst of record found below the signature block, 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: 1. awarding him the Army Good Conduct Medal (AGCM) (1st Award) for the period 25 August 1965 to 2 July 1968, and 2. correcting his DD Form 214 with effective date 3 July 1968 by amending item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) as follows: a. add Purple Heart, b. add the AGCM 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 NOTES: A review of the applicant's record shows he is authorized awards not listed on his DD Form 214. As a result, amend his DD Form 214, for the period ending 3 July 1968, by: a. Adding the: * National Defense Service Medal, for the period 1 January 1961 and 14 August 1974 (Vietnam), both dates inclusive * Presidential Unit Citation - Company B, 2d Battalion, 35th Infantry Regiment for the period 28-29 May 1966, by Department of the Army General Orders (DAGO) Number 51, 1968 * Valorous Unit Award - Company B, 1st Battalion, 508th Infantry Regiment for the period 1 May 1968 – 8 January 1969, by DAGO Number 43, 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation - Company B, 2d Battalion, 35th Infantry Regiment for the period January 1966 – 1 August 1967, by DAGO Number 48, 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - Company B, 1st Battalion, 508th Infantry Regiment for the period 12 March 1968 – 4 October 1968, by DAGO 48, 1971. * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) – Headquarters, U.S. Army Training Center, Fort Knox, KY, Special Orders Number 284, dated 11 October 1965 b. Deleting the "Vietnam Service Medal" and replacing it with the "Vietnam Service Medal with 4 Bronze Service Stars" in accordance with Appendix B of Army Regulation 600-8-22 (Military Awards). REFERENCES: 1. 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 (not merely examination) by a medical officer, and the medical treatment must have been made a matter of official record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. b. The National Defense Service Medal is awarded for honorable service between 1 January 1961 and 14 August 1974 (Vietnam), both dates inclusive. c. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his two periods of service in Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive (25 December 1965 - 30 June 1966) * Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) * TET Counteroffensive (30 January 1968 - 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968) 2. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows his unit: a. Company B, 2d Battalion, 35th Infantry Regiment was cited for the Presidential Unit Citation for the period 28-29 May 1966, by Department of the Army General Orders (DAGO) Number 51, 1968 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 – 1 August 1967, by DAGO Number 48, 1971. b. Company B, 1st Battalion, 508th Infantry Regiment was cited for the Valorous Unit Award for the period 1 May 1968 – 8 January 1969, by DAGO Number 43, 1970 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March 1968 – 4 October 1968, by DAGO 48, 1971. 4. An internet search revealed the 101st Airborne Division Commanders during his period of service were: * Major General Olinto M. Barsanti from July 1967 to July 1968 * Major General Melvin Zais from July 1968 to May 1969 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170012576 4 1