ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 September 2019 DOCKET NUMBER: AR20180012713 APPLICANT REQUESTS: reconsideration to his previous request for an award of a second Purple Heat APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement * battlefield 44 article * six character statements * the national archives and records administration letter and DA Form 1594 (Daily Staff Journal or Duty Officer’s Log) * Army Review Board Agency (ARBA) congressional review * Army Board for Correction of Military Records (ABCMR) letter 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 Number AR20060001298 on 24 August 2006. 2. The applicant states he was wounded from two directions on the ground on 15 April 1970. He was awarded two Purple Hearts, while as a patient at the 27th Surgical Hospital. He always assumed that they were for being wounded on the ground and while on-route. He only discovered this was not the case when he submitted a correction of records a number of years ago in the early 2000's. Those records omitted any Purple Heart award at all - he needed to submit the necessary medical records to correct the error, but the question of the second or Purple Heart cluster arose, which is what he is requesting at this time 3. The applicant provides: a. A self-authored statement stating a Purple Heart is authorized for the first wound, but for each subsequent award an Oak Leaf Cluster will be awarded. He previously requested the records be corrected, but his request was denied. The process for him has been daunting (problematic to locate witnesses within the timeframe required). He has encountered many dead ends, which have been frustrating; however, he has persisted even after being denied by your Board. Over the course of several years, he found several eyewitnesses who corroborated the events of that day. Which included Major General (Ret.) X__ X__. X__ who signed the journal entry the night he was wounded, his publishing company printed the account of the events of 15 April 1970. He tried to locate the actual medevac crew which was shot at where he was wounded a third time that day (he was wounded twice on the ground). Mr. X__ X___ the helicopter pilot did what he could, but the applicant encountered yet another dead-end. He’s asking for reconsideration, he believe that he has exhausted all avenues, but have enough to grant his request. b. The battlefield 44, volume II – move to Quang Ngai AO and subsequent operations, the history of the 1st Battalion, 52nd Infantry, 198th LIB, 23rd Infantry Division (Americal Division, Vietnam War from April 21, 1969 to June 30, 1970, which highlights the actions of SP4 F__ X__ (X__ "X___" X__), Medic, Headquarters and Headquarters Company, assigned Charlie Company (July 1969 - May 1970). c. Six character statements that state in summary their recollection of the incident of the applicant known as X they spent several months in the field with him, he was popular and a well-respected medic in the company. On 15 April 1970 they received notice that a field casualty has occurred and X---- was hit. He was initially wounded from small arms fire, as he was moving in the field with the unit. As he was being evacuated by helicopter, he was wounded a second time from small arms fire. Mr. X__ X__ X__, the duty officer on 15 April 1970, provided the (typed) command journal signed by him, which shows on line 20 at 1800 hours wounded X__ X___ (the applicant). d. Mr. X__ X__ stated he was the awards clerk that completed the requisition for the applicant’s Purple Heart recommendation. His understanding, as he was completing the requisition, he asked company executive officer (XO) if he needed to put X---- in for two Purple Hearts or if it would automatically be determined at division headquarters. He was told by the XO that this was all one incident and the applicant would receive a single Purple Heart. His understanding at the time was that if someone was wounded twice with the same burst of gunfire or received multiple injuries in a single explosion, it was considered a single incident, but if further injuries were sustained by separate actions Oak Leaf Clusters could be awarded. e. The National Archives and Record Administration, by letter, on 30 June 2016 to the applicant responded to his request regarding an incident while he was with the 1st Battalion, 52nd Infantry. They informed him that they have records of the 1st Battalion, 52nd Infantry, in particular among the records of the United States Forces in Southeast Asia, 1950-1975 (Record Group 4 72). Although they rarely include names of individuals, the daily journal of the battalion for 15 April 1970 included the applicant’s name. The DA Form 1594 (typed) shows, on page 2 of 4, line 20 at 1800 hours wounded X__ X___ (the applicant). f. The ARBA, Congressional purpose and facts sheet for the application pertaining to the applicant’s request for award of the Purple Heart with oak leaf cluster dated 28 December 2005. g. The ABCMR, by letter, 29 August 2006 to the applicant informing him that his request for reconsideration for his case on 18 August 2005, was denied. h. Email correspondence from 27 July 2017 through 30 July 2017 between the applicant and X___ X___ seeking information referencing Dustoff. 4. A review of the applicant’s service record shows: a. He enlisted in the regular Army on 19 September 1968. He arrived in Vietnam on 7 July 1969. He was assigned to Headquarters and Headquarters Company, 151 Battalion, 52nd Infantry Regiment, 198th Infantry Brigade, Vietnam on 1 August 1969. He held the military occupational specialty 11B (Light Weapons Infantryman). b. The DA Form 20 (enlisted Qualification Record), item 40 “Wounds” shows that the applicant sustained missile wounds to the chest on 15 April 1970, and was evacuated to the 249th General Hospital in Japan and later transferred to Letterman General Hospital in San Francisco, CA, until 26 June 1970. No other wound(s) are documented in his service record. The medical records are void and not available for review by the Board. c. He was released from active duty on 26 June 1970, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 5, SPN 412-MEDVAC. His DD Form 214 shows his character of service as honorable. He had served 1 year, 9 months and 8 days of total active service this period. He had no lost time. It also shows that he was awarded or authorized: * National Defense Service Medal * Combat Infantry Badge * Vietnam Service Medal * Army Commendation Medal * Republic of Vietnam Campaign Medal d. A review of the applicant's records also shows that he was awarded the Purple Heart on 16 April 1970; however, it is not listed on his DD Form 214. e. The ABCMR on 15 August 2005 denied his request for a second Purple Heart; however, amended his DD Form 214 by his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) on 24 March 2006 to show: * Deleted: Vietnam Service Medal * Added: Vietnam Service Medal with two bronze service stars, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation Badge, Purple Heart 5. The ABCMR, by letter, 26 September 2011, to the applicant, denied his request for reconsideration, his case was considered by ABCMR on 15 August 2005. They determined that his request for reconsideration was not received within one year of the ABCMR's original decision. As a result, his request was returned without action. 6. The Vietnam casualty roster does not show the applicant's name as a casualty and 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 for the Purple Heart. 7. By regulation (AR 672-5-1) (Decorations, Awards, and Honors Military Awards) paragraph 2-19b, in effect at the time states a Purple Heart is authorized for the first wound suffered, but for each subsequent award an oak leaf cluster shall be awarded to be worn on the medal or ribbon. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he has two separate published orders for the Purple Heart; however, only one is currently reflected on the applicant’s DD Form 214. The Board agreed to add a second Purple Heart to his separation document. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20060001298 on 24 August 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 26 June 1970 by deleting the Purple Heart and adding Purple Heart (2nd Award). 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. U.S. Army Vietnam (USARV) 672-1 (Decoration and Awards) states: a. The Purple Heart may be awarded only to US personnel, military or civilian, who are wounded or killed in action or a direct result of the enemy action. For US Army personnel who are killed, the award will automatically be prepared by the Adjutant General, Department of the Army, and presented to the next of kin. b. 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. 2. AR 672-5-1 (Decorations, Awards, and Honors Military Awards) paragraph 2-19b, in effect at the time states a Purple Heart is authorized for the first wound suffered, but for each subsequent award an oak leaf cluster shall be awarded to be worn on the medal or ribbon. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. 3. AR 600-8-22 (Military Awards) states 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. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. 4. AR 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, provides for the separation of enlisted personnel. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180012713 5 1