ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 March 2019 DOCKET NUMBER: AR20170012730 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Honorable Discharge Certificate * DA Form 20 (Enlisted Qualification Record) * DA Form 1577 (Authorization for Issuance of Awards) * Department of Veterans Affairs (VA) Letter * Personal Letter * Letters of Support * Photograph 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 wounded in combat in early January 1968 and on 12 July 1968 at Landing Zone (LZ) Paradise while serving as a mortar crewman with the 198th Light Infantry Brigade in Vietnam * he was treated in the field by combat medics with the unit * a DA Form 1156 (Casualty Feeder Card) was not submitted to the battalion headquarters for some unknown reason 3. The applicant was inducted into the Army of the United States on 12 October 1966. 3. His DA Form 20 (Enlisted Qualification Record) shows the following information: a. item 31 (Foreign Service), he served in Vietnam from 5 October 1967 to 4 October 1968. b. item 38 (Record of Assignments), he was assigned to Company B, 1st Battalion, 52nd Infantry, 198th Infantry Brigade. c. item 40 (Wounds), no entry indicating he sustained wounds in action. d. item 41 (Awards and Decorations), no entry for the Purple Heart. 4. A Standard Form 600 (Chronological Record of Medical Care) indicates he was treated on 30 December 1967. The attending physician noted that applicant had a possible fracture of his right middle finger after a round had dropped on the finger. 5. His service record does not contain orders awarding him the Purple Heart or medical documentation indicating he was wounded in action. The Vietnam casualty roster does not list his name. 6. He was honorably released from active duty on 5 October 1968. His DD Form 214 does not show the Purple Heart. 7. 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 awarding the applicant the Purple Heart. 8. He provided a letter of support, dated 2 October 2013, from a former fellow Soldier who stated: a. He served with the applicant in Company B, 1st Battalion, 52nd Infantry, in Vietnam during 1967/1968 timeframe. He served as a Forward Observer from Weapons Platoon for support of the Line Platoons. b. On 12 July 1968, a crew member dropped a round in the mortar tube before the previous round left the tube. This busted the aluminum fins into shrapnel which penetrated the crew, including the applicant. One of the crew members was evacuated to Chu Lai for treatment of his wounds. c. The applicant received shrapnel to his chin area and his shoulder as evidenced by bleeding from those locations, but he did not require medevac. Their medics removed shrapnel on site and bandaged them up. d. He cited entries from the unit's Daily Staff Journal for 12 July 1968, "Request Dustoff for 1 man from mortar squad with light fragmentation wound left hand and scratches on chest. Man was dropping round into mortar tube, round leaving tube struck mortar round he had in his hands." 9. On 19 December 2013, the VA informed him that he was granted service connection for a chest and face scar at zero percent disability rating. 10. He provided a letter of support from his former commanding officer who stated: a. The applicant was assigned to the 4th Platoon (Weapons), Company B, 1st Battalion, 52nd Infantry while in Vietnam. They were deployed in the Chu Lai Area of Operation, which was a "hot" area that had many booby-traps, fortified villages, and frequent enemy contact. b. The unit came under enemy direct and indirect fire during a company sweep through hostile territory. While under fire, the applicant hit the ground and lacerated his hand and broke his right thumb. Several wounded troops were medically evacuated, but the medic told him that the applicant refused to be medevac'd because he wanted to continue performing his duties. He considered the applicant as the best 81 millimeter mortar crew in the Division. c. Many things were shoved aside during the chaos of combat operations, including administrative paperwork. He admitted that he should have checked whether the medics completed the necessary forms to ensure the deserving troops received their Purple Heart medals. 11. He provided a letter of support, dated 7 February 2014, from a former fellow Soldier who stated: a. The applicant hit the ground during an ambush and the bipod he was carrying slammed down on his right hand and thumb. He recalled that they were pinned down for 5 days on a hilltop during the Tet Offensive. b. He saw the applicant's injury after it was bandaged and the medic had treated him for the injuries. He recalled being pinned down during the day and had limited movement at night because they were surrounded by enemy troops. c. The applicant was an exceptional and very dependable soldier during his time serving with him and showed extreme valor and dependability during their service in Vietnam. 12. He provided a letter of support, dated 26 June 2014, from a former fellow Soldier who stated: a. They were ambushed in January 1968 after leaving LZ Ann and the applicant was wounded during the ambush. b. He did not witness the actual injury but he learned from others that the applicant's right hand was injured. The applicant explained to him how he was injured. c. They were assigned in the 4th Platoon (heavy weapons) and the applicant was the gunner for the first squad. They did not have a medic assigned to their platoon so neither could remember the medic who treated the applicant. d. The applicant fought with valor and did not mind not getting evacuated from the field. He described the applicant as a capable Soldier and more than competent at his job as a gunner. 13. In his 19 July 2016 personal letter, he stated: a. He had additional information in support of his request for the Purple Heart for wounds he received in Vietnam. He served with Company B, 4th Platoon, 1st Battalion, 52nd Infantry, 198th Infantry Brigade, Americal Division, as a gunner. b. His company commander submitted a written statement explaining when he was wounded and why the award was not submitted at the time; however, the letter was not included with his original request. c. He was wounded a second time on 12 July 1968. d. His unit left LZ Ann in the A Shau Valley at the end of December 1967. They were under continuous attacks until about 7 January 1968. Several troops were wounded including himself and some troops were killed in action. e. His hand and thumb were mashed by a mortar bipod when he hit the ground during an ambush by the enemy. He had lacerations and bleeding to his hand and thumb which were treated in the field by a company medic. f. On 12 July 1968, he sustained shrapnel wounds due to the malfunction of a mortar tube that exploded during a fire mission against an enemy position. 14. By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded because of enemy action, that the wound required treatment by medical personnel, and that the treatment was made a matter of official record. Examples of injuries or wounds which clearly do not justify award of the Purple Heart include accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that relief was not warranted. The Board determined there was insufficient medical documentation to corroborate the statements of the applicant. Per regulatory guidance, to be awarded the Purple, “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.” The Board found there was insufficient medical documentation to corroborate the statements of the applicant and meet that regulatory guidance requirement. 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. 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. 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 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 injuries or wounds which clearly do not justify award of the Purple Heart include accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. ABCMR Record of Proceedings (cont) AR20170012730 0 4 1