ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 April 2019 DOCKET NUMBER: AR20180005315 APPLICANT REQUESTS: * the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * to be awarded another Purple Heart APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2658 (Health Record-Abstract of Service), dated on various dates between 1970 through 1971 * General Orders (GO) Number 7899, award of Purple Heart, dated 17 May 1970 * Purple Heart Award Certificate, dated 17 May 1970 * back page of Standard Form (SF) 88 (Record of Medical Examination), dated 8 November 1971 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 * Department of Veterans Affairs (VA), Veterans Benefit Administration Rating Decision, dated 1 February 2018 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 injured by friendly fire when an artillery round exploded in the barrel and shrapnel hit his left shoulder/back in 1970. 3. The applicant is eligible for awards not reflected on his DD Form 214. As a result, these awards will be added to his DD Form 214 as administrative corrections and do not require action by the Board. The Board will only consider a second award of the Purple Heart. 4. The applicant provides: * GO Number 7899 awarded him the Purple Heart for wounds received in connection with military actions against a hostile force on 14 May 1970, and the resulting certificate * back page of SF 88, dated 8 November 1971, reflects right shoulder injury caused by a mortar shell in May 1970 while serving in Vietnam, for which he was reported to be ok * the VA Rating Decision, dated 1 February 2018, acknowledges his injuries were service connected for left shoulder muscle, left upper back, and right chest injuries 5. Review of the applicant’s service records shows he: * was inducted into the Army of the United States on 18 September 1969 * served in Vietnam from 10 February 1970 to 25 December 1970 * was assigned to Headquarters and Headquarters Battery, 1st Battalion, 21st Artillery * was honorably released from active duty on 2 September 1971 * was awarded or authorized the following: * NDSM - National Defense Service Medal * VSM - Vietnam Service Medal * AM - Air Medal * BSM - Bronze Star Medal * RVCM - Republic of Vietnam Campaign Medal with 1960 device * 2 overseas service bars * Expert Marksmanship Qualification Badge with M-16 Rifle Bar 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 a second award of 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. The back page of his SF 88 shows the entry “under right shoulder, May 1970, Vietnam, by a mortar shell.” However, the applicant’s record is void of documentation to support the award of a second Purple Heart. 7. By regulation (AR 600-8-22), 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 * the medical treatment must have been made a matter of official record 8. Also by regulation, the Purple Heart may be awarded to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. 9. His DA Form 20 show she received "excellent" conduct and efficiency ratings throughout his military service. Additionally, his service record does not contain any derogatory information such as a court-martial conviction, lost time, or nonjudicial punishment. He met the criteria for award of the Army Good Conduct Medal (1st Award) BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board recommended that partial relief was warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board found sufficient evidence to show that the applicant was previously award a Purple Heart that currently is not depicted on the DD Form 214. However, for the portion of the request relating to awarding a second Purple Heart, the Board also concluded that per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After completing the documentary review of the available documents in the case, the Board found insufficient medical evidence to meet the regulatory standard for the second Purple Heart and thus recommended denying the request. 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: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding Purple Heart for wounds received in action on 14 May 1970. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding a second Purple Heart award. 3. Prior to closing the case, the Board also noted the administrative notes below by the analyst of record and recommended those additions also be made to more accurately depict the military service of the applicant. 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): A review of the applicant's service records show he is authorized awards not listed on his DD Form 214. As a result, amend his DD Form 214 to add: * Vietnam Service Medal with three bronze service stars based on his service in three campaigns while in Vietnam between 10 February and 25 December 1970 * Valorous Unit Award issued by Department of the Army General Order (DAGO) Number 43, 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation issued by DAGO Number 42, 1972 amended by DAGO 11, 1973, and DAGO 54, 1974 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) 600-8-22 (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. Examples of enemy-related injuries include injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. 3. Army Regulation 600-8-22 also provides for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. 4. 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. 5. 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. ABCMR Record of Proceedings (cont) AR20180005315 5 1