ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 January 2019 DOCKET NUMBER: AR20170015098 APPLICANT REQUESTS: Purple Heart Army Commendation Medal (ARCOM) Replacement Medals for Purple Heart and ARCOM with corresponding citations APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * ARCOM certificate 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’s award request pertaining to the ARCOM is supported by sufficient evidence; therefore, it will be administratively corrected and not considered by the Board. In addition, Army Regulation 600-8-22 (Military Awards) under references below addresses who the applicant can request medals and citations from since the ABCMR does not issue these items. The Board will consider the Purple Heart. 3. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer) and military records do not mention the Purple Heart he received for a shrapnel wound suffered during the Tet Offensive in the Republic of Vietnam in the beginning of February 1968. He was wounded in the Columbia Basic Enlisted Quarters right outside the main gate of Ton Son Nhut Air Force Base (AFB). At the time he was assigned to the 221st Signal Company with a temporary duty assignment to the Military Assistance Command – Vietnam (MACV). He was tagged at the 3rd Field Hospital immediately out the AFB main gate. His DD Form 214 also does not reflect the ARCOM he received from MACV for service in Vietnam. He requests a replacement Purple Heart and ARCOM medal with corresponding citations. 4. He served as a Broadcast Specialist in the Republic of Vietnam from on or about 15 August 1967 to 18 April 1968. He was assigned to the 221st Signal Company (Pictorial). 5. On 18 April 1968, the applicant was honorably released from the Regular Army and transferred to the United States Army Reserve Control Group (Reinforcement). His DD Form 214 does not reflect he was awarded or authorized the Purple Heart. 6. 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. 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. b. 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. c. 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. d. 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 orders showing he was awarded the Purple Heart. e. Some of his medical records are available for review with this case. However, the available health records do not reflect an injury as a result of hostile action or treatment for such injury. 7. Army Regulation (AR) 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. 8. 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. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. The applicant states he received a Purple Heart for a shrapnel wound suffered during the Tet Offensive in the Republic of Vietnam in the beginning of February 1968. His service record does not show he was injured or wounded as a result of hostile action and that he was medically treated by medical personnel. According to Army Regulation (AR) 600-8-22 (Military Awards), 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. Due to lack of sufficient evidence, the Board denies request for 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. ___________X________________ Chairperson 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: 1. A review of the applicant's record shows he is authorized awards not listed on his DD Form 214: * Headquarters, 1st Signal Brigade, General Orders Number 364, dated 14 May 1968 awarded him the ARCOM; a copy of the ARCOM citation will be mailed to the applicant * AR 600-8-22 authorized the applicant the Vietnam Service Medal with 3 bronze service stars for participation in each credited Vietnam Conflict campaign 2. Amend the DD Form 214 with an effective date of 18 April 1968 by adding the: * ARCOM * Vietnam Service Medal with 3 bronze service stars 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) provides that 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. It also states: a. Human Resources Command (HRC) and the National Personnel Records Center (NPRC) will complete and forward DA Form 1577 (Authorization for Issuance of Awards) to Commander, U.S. Army Tank-Automotive and Armaments Command, Clothing and Heraldry Product Support Integration Directorate, Post Office Box 57997, Philadelphia, PA 19111–7997, who will engrave as appropriate and distribute approved award elements. DA Form 1577 is a limited use DA controlled form. Only HRC and the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, MO 63138–1002 areauthorized to requisition and use this form. b. Certificates for decorations awarded in the field will be requisitioned electronically, by publication account holders, from Director, U.S. Army Publications Distribution Center-St. Louis (USAPDC–St. Louis), 1655 Woodson Road, St. Louis, MO 63114–6181. c. In accordance with Title 10 US Code 1135, 3747, and 3751 all U.S. Army medals are presented at no cost to an awardee. Replacement of medals will be issued on a one-time basis and without charge to the recipient of the military decoration or the immediate primary next of kin of a deceased recipient. Subsequent replacement of medals or service ribbons for individuals not on active duty may be made at cost price. No money should be mailed until instructions are received from Human Resources Command or the National Personnel Records Center. 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. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in the RVN after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the VSM for participation in each credited campaign. b. Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during his service in the RVN, participation credit was awarded for the following campaigns – * Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January 1968 – 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968) ABCMR Record of Proceedings (cont) AR20170015098 4 1