ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 January 2019 DOCKET NUMBER: AR20170013800 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) 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 his back was injured in a helicopter crash while serving in Vietnam. He is now service connected for that injury. He was offered a Purple Heart medal but did not accept it. He earned the Purple Heart and would like the medal issued to him. 3. A review of the applicant’s service record shows the following: a. He enlisted in the Regular Army on 3 August 1966. He was honorably released from active duty on 2 August 1967 for immediate reenlistment. His DD Form 214 shows he completed 1 year, and 1 day of total active service. It also shows in: (1) Item 22c (Foreign and/or Sea Service), - Korea - 5 months and 14 days of foreign service (2) Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal and the Marksman (Rifle – M-14). b. He served in Korea from 20 February 1967 to 17 June 1968 and in Vietnam from on or about 30 December 1969 to on or about 26 November 1970. While in Vietnam he was assigned to the 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division (Airmobile). c. He was discharged from active duty for the good of the service on 15 May 1972. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 4 years, 11 months and 24 days of total active service. It also shows he was awarded: * Vietnam Service Medal * Vietnam Campaign Medal * Armed Forces Expeditionary Medal (Korea) * Army Commendation Medal (1st Oak Leaf Cluster) * Air Medal with V Device * 2 overseas service bars * Aircraft Crewman Badge d. The applicant's service record is void of orders, a certificate, or a citation showing that he was awarded the Purple Heart. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury and item 41 (Awards and Decorations) of this form does not list the Purple Heart as an authorized award. e. 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, did not reveal orders that confirm he was awarded the Purple Heart. f. 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. g. The applicant did not provide and his service does not contain medical documentation to show he was treated for injuries as the result of hostile action. h His name is not shown on the Vietnam casualty roster, a compilation of most of those who were wounded in Vietnam that is commonly used to verify eligibility for the Purple Heart. 4. By regulation, 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, and the medical treatment must have been made a matter of official record. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. The Board finds there was insufficient evidence to support awarding a Purple Heart. The ARCOM “V” and the Air Medal “V” did not indicate the situation with the helicopter crash and if the crash was due to enemy or mechanical issues. Substantiating evidence would be needed to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record for award of the Purple Heart. Due to lack of evidence, the Board denies the Purple Heart. 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. SIGNATURE: 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): 1. A review of the applicant's records shows he is authorized additional awards not listed on his DD Form 214: * Marksman Marksmanship Qualification Badge with Pistol Bar (M-45) by Special Orders Number 137, issued by Headquarters, 7th Infantry Division, on 17 May 1967 * Korea Defense Service Medal, for service in Korea from 20 February 1967 to on or about 17 June 1968 * Air Medal, by General Orders Number 13770, issued by Headquarters, 1st Cavalry Division (Airmobile), on 30 July 1970 * Army Commendation Medal with “V” Device, by General Orders Number 543, issued by Headquarters, 1st Cavalry Division (Airmobile), on 11 January 1971 * Valorous Unit Award, from 1 May – 29 June 1970 by DA General Orders (DAGO) Number 43, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, 21 February 1970 – 28 February 1971 by DAGO Number 42, dated 1972 * three bronze service stars with his already-awarded Vietnam Service Medal 2. Amend his DD Form 214 as follows: * delete the Air Medal with "V" Device and add the Air Medal (2nd Award) and "V" Device * delete the Army Commendation Medal (1st OLC) and add the Army Commendation Medal (3rd Award) and "V" Device * add the Korea Defense Service Medal * add the Valorous Unit Award * add the Republic of Vietnam Gallantry Cross with Palm Unit Citation * add three bronze service stars with his already-awarded Vietnam Service Medal * add Marksman Marksmanship Qualification Badge with Pistol Bar (M-45) 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) 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be placed in item 40. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 4. AR 600-8-22 states, the: a. 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. b. Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Approved campaigns from 30 December 1969 to 26 November 1970 include: * Vietnam Winter – Spring, 1 November 1969 – 30 April 1970 * DA Sanctuary Counteroffensive, 1 May 1970-30 June 1970 * Vietnam Counteroffensive, Phase VII, 1 July 1970 - 30 June 1971 c. The Korea Defense Service Medal was authorized by section 543 of the National Defense Authorization Act of 2003. It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 5. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant's assignment to 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division (Airmobile) from 30 December 1969 to on or about 26 November 1970, this unit was awarded * Valorous Unit Award, 1 May–29 June 1970, by DA General Orders (DAGO) Number 43, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, 21 February 1970 – 28 February 1971, by DAGO Number 42, dated 1972 ABCMR Record of Proceedings (cont) AR20170013800 0 3 1