ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 April 2019 DOCKET NUMBER: AR20180008997 APPLICANT REQUESTS: Reconsideration of his earlier requests for award of the: * Purple Heart * Combat Infantryman Badge * Assault Wings (i.e., Air Assault Badge) * Air Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Excerpt of DA Form 20 (Enlisted Qualification Record) * Vietnam Combat Certificate FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Numbers AR20110010388 on 15 November 2011 and AR20160004781 on 17 August 2017. 2. The applicant states he was awarded the Purple Heart in Vietnam as well as the Combat Infantryman Badge, Assault Wings (i.e. Air Assault Badge), and the Air Medal. a. He entered the Army in 1967 and could not go to Vietnam because his two brothers were already in line to go so he had to wait. He went to Vietnam in 1968. He went out on patrol several times and hurt his shoulder in a firefight. He could not carry a pack. The company commander decided to send him to the chopper group as a door gunner during the day and sent him back to the company at night. Rockets came in; one landed 30 feet from him and knocked him on his rear end. He had to stand up and stepped in a hole and tore all the ligaments in his ankle and could not walk. They cleaned up his scratches and cuts and found out he had a piece of steel in his left hand. He took a pain pill and fell asleep and when he woke up his combat certificate was laying at the bottom of his bed along with his medals. He wore them proudly. b. When he came home from Japan, he wore them. He went to his family doctor and the doctor looked at him and said he did not have to check him, that he knew he had Crohn’s disease. He was sent to Walson Army Hospital at Fort Dix to a medical hold. He then went home. He wore his medals to the Legion and found out he did not have them when he was up for Veteran of the Year and was told they were not on his DD Form 214. He re-enlisted and does not know if they were on the other page or the other DD Form 214. He was very hurt because he wore them and was very proud of them, but if he is not supposed to have them, why did they let him go to all the bases without saying anything? No one ever said anything about it. He told the Legion that he would not wear them. He fought for those medals for almost his entire adult life and just wants to know why they did not put them on his DD Form 214. c. He went out like he was supposed to on patrols as a door gunner in a Huey for months. He helped get the GIs in and the wounded. He took supplies out, took ammunition and bought back the dead. He wants it checked and to tell him why he has no certificates for the medals that he was supposed to have gotten. He is very active in the community and when he was told that he did not have those certain medals, he was so let down. When he found them at the end of his bed he asked where they came from and someone told him a colonel put them there. 3. He was inducted into the Army of the United States on 9 October 1967. His military occupational specialty was 11B (Light Weapons Infantryman). 4. He entered Vietnam on or about 28 July 1968. He was assigned to Company A, 1st Battalion, 12th Cavalry, 1st Air Cavalry and Headquarters and Headquarters, 1st Cavalry Division. He is shown in a “patient” status on 26 November 1968 at 249th General Hospital in Japan. 5. He provides a Vietnam Combat Certificate for the period 20 July 1968 to 22 November 1968 from the 1st Cavalry Division. 6. He was issued a physical profile for left shoulder pain and degenerative arthritis of the left acromioclavicular joint on 26 February 1969. He was not medically qualified. 7. On 27 March 1969, after being informed that he must reclassify for medical inability to perform his primary duties, his request to reclassify was approved from 11B to 64A (Light Vehicle Driver). 8. He was discharged for immediate reenlistment on 7 August 1969. He reenlisted on 8 August 1969. His DD Form 214 shows he completed 1 year, 9 months, and 28 days of active service. 9. On 11 May 1970, he underwent a medical board. He was found unfit for retention and referred to a physical evaluation board (PEB). a. He was diagnosed with: * Colitis, ulcerative, pronounced, with involvement of the entire colon resulting in marked malnutrition, persistent occult blood in stool, with secondary iron deficiency anemia and general debility – uncontrolled by medication, Line of Duty: Yes * Arthritis, degenerative, left acromioclavicular joint, with x-ray evidence, manifested by limitation of motion as follows: abduction to 135 degrees, forward elevation to 135 degrees, internal rotation to 100 degrees, Line of Duty: Yes, existed prior to service, service aggravated * Hemorrhoids, external, mild, asymptomatic – untreated, Line of Duty: Yes b. His past history notes while in the Republic of Vietnam stated the applicant sustained a bullet wound through his right leg associated with a fall on the left shoulder. He had hospitalizations as indicated in the history of the present illness with the final diagnosis of degenerative arthritis of the left acromioclavicular joint made at the 249th General Hospital in Japan. c. His history of present illness notes his left shoulder pain was aggravated by a fall on the left shoulder subsequent to a bullet wound injury involving the right and left lower legs while engaged in combat in the Republic of Vietnam. The patient was treated subsequently in succession at the 18th Surgical Hospital, 95th Evacuation Hospital and 6th Convalescent Center in Vietnam by means of physical therapy, injections with steroids and anesthetics, as well as with oral anti-inflammatory agents with little or no improvement. He was ultimately transferred to the 249th General Hospital in Japan for further evaluation and therapy. 10. On 25 August 1970, he underwent a PEB. a. The board recommended he be placed on the temporary disability retired list with reexamination during September 1971 for: * Colitis * Arthritis, due to trauma, left, acromioclavicular joint b. The board also found him unfit for military service, it was incurred while entitled to receive basic pay, was the proximate result of the performance of military service, was not due to misconduct, was not a direct result of armed conflict, and was not caused by an instrumentality of war. 11. On 28 September 1971, he underwent a medical board. The applicant was not present during the proceedings. a. The board found him medically unfit for the same conditions in the previous medical board and noted that the arthritis, traumatic, left acromioclavicular joint existed prior to service. He was referred to a PEB. b. The narrative summary notes that his history of traumatic arthritis of the left acromioclavicular joint dates back to March 1969 at which time he sustained a bullet wound to his right leg and fell on his left shoulder while in Vietnam. 12. On 2 February 1972, he underwent a PEB. The board found that the applicant was medically unfit, recommended a rating of 60% and the he be permanently retired from the service. The applicant concurred with the findings and waived a formal hearing of his case. 13. He was honorably retired from active duty for disability on 3 November 1970. His DD Form 214, as amended by his DD Form 215 (Correction to DD Form 214), shows he completed 1 year, 2 months, and 26 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Republic of Vietnam Campaign Medal with “60” Device * 1 overseas service bar * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with three bronze service stars * Good Conduct Medal 14. His record is void of orders awarding him the Purple Heart, Combat Infantryman Badge, Air Assault Badge, or Air Medal. Additionally, his name is not shown on the Vietnam casualty listing. His records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action. 15. By regulation: a. The criteria for an award of the Purple Heart require 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. b. For award of the Combat Infantryman Badge, a Soldier must meet three requirements: 1) be an infantryman satisfactorily performing infantry duties; 2) be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and 3) actively participate in such ground combat. Additionally, infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments were authorized the Combat Infantryman Badge provided they met the basic criteria. c. The criteria for an award of the Air Assault Badge require completion of: 1) an air assault training course or 2) the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974. d. For award of the Air Medal, passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. BOARD DISCUSSION: 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 reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and, therefore, recommended denying that portion of the request. Additionally, based upon the documentary evidence provided by the applicant and found within his military service record, the Board found no evidence to corroborate the statements of the applicant to show he was ever awarded or was eligible to be awarded the Combat Infantryman Badge, the Air Assault Badge or the Air Medal. For that reason, the Board recommended denying those portions of the request as well. 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 to amend decision of the ABCMR set forth in Docket Numbers AR20110010388 on 15 November 2011 and AR20160004781 on 17 August 2017. 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. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions for individual military decorations. a. Paragraph 1-27 (Announcement of awards) states awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. b. The Purple Heart is awarded for a wound sustained while in action against an 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. c. For award of the Combat Infantryman Badge, a Soldier must meet the following three requirements: * be an infantryman satisfactorily performing infantry duties * assigned to an infantry unit during such time as the unit is engaged in active ground combat * actively participate in such ground combat d. The Air Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, who has distinguished himself or herself by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of merit or heroism, or for meritorious service as described below: (1) Awards may be made for acts of heroism in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party, which are of a lesser degree than required for award of the Distinguished Flying Cross. (2) Awards may be made for a single act of meritorious achievement, involving superior airmanship, which are of a lesser degree than required for award of the Distinguished Flying Cross, but nevertheless were accomplished with distinction beyond that normally expected. (3) Awards for meritorious service may be made for sustained distinction in the performance of duties involving regular and frequent participation in aerial flight for a period of at least 6 consecutive months (a month is considered 30 calendar days). e. Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974. 2. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. ABCMR Record of Proceedings (cont) AR20180008997 6 1