ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS I BOARD DATE: 20 March 2019 DOCKET NUMBER: AR20190000045 APPLICANT REQUESTS: award of Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application For Correction of Military Record) dated 26 December 2018 * Witness Statements * Letter of support with attached news article * Daily Staff Journal or Duty Officer’s Log dated 8 November 1970 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 June 1971 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 AR20110023125 on 17 May 2012, and Docket Number AR20150012933 on 9 September 2016. 2. The applicant states he sustained wounds in action against a hostile force on 8 November 1970 at Fire Support Base (FSB) Mateel and requests award of the Purple Heart. 3. On 5 July 1968, the applicant enlisted in the Regular Army. 4. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 38 (Record of Assignments) – he was assigned to an artillery unit in Vietnam from 11 July 1970 through 2 June 1971 * Item 40 (Wounds) – no entry * item 41 (Awards and Decorations) – no entry for the Purple Heart 5. A Standard Form 88 (Report of Medical Examination), dated 8 June 1971, shows he underwent a separation physical examination. The form makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. 6. His name is not listed on the Vietnam casualty roster. 7. On 8 June 1971, he was honorably released from active duty. The DD Form 214 issued at that time does not list the Purple Heart among his awards. 8. The applicant provided a statement from the former commanding officer of his unit, Captain R, who states that on the 8 November 1970 while deployed to the Republic of Vietnam, his battery received a couple of mortar rounds that wounded several men. During this attack the applicant was wounded and treated by the battery medic. Although wounded, the applicant remained in the field and continued his duties, while others were evacuated by helicopter. 9. The applicant provides a statement from former executive officer S, who states the battery sustained minor damage when two mortar rounds detonated within the battery area. The applicant was not in the battery area at the time, but upon his return the battery came under a second heavy mortar barrage. It was during this mortar barrage that the applicant sustained wounds. The wounds were treated by the medic. The applicant was not deemed seriously wounded, and after a brief rest he returned to his firing position on gun #1. 10. The applicant provides a statement from Sergeant W, who states on 8 November 1970 he was the sergeant in charge of gun # 1. The first two rounds came in and exploded near gun #2, wounding a couple of men. The barrage stopped, but then started up again. The applicant had just driven back into the battery and took cover in a pit. On his way to the pit, the applicant was hit in the knee and stomach by small pieces of shrapnel. The medic patched him up and told him to see him in the morning. The men wounded by the first mortar attack were seriously hurt, and evacuated out of the battery. The medic accompanied them and never returned to the battery area. The applicant's wounds were never reported to the commander or executive officer for recommendation for the Purple Heart. 11. Master Sergeant (Retired) D states he was assigned to gun # 1 commanded by Sergeant W. He states on their last evening there they came under mortar attack. Many guys were wounded to include the applicant, who was treated by the medic for wounds to his left leg and stomach area. 12. Witness M states on 8 November 1970 their battery was preparing to return to their base of operation, FSB Wade. As the he and the applicant neared the battery position at FSB Mateel, they heard explosions from incoming mortar rounds and outgoing return fire. By the time they arrived the shooting stopped, and several people were injured. They were getting information about the incoming fire when a more concentrated attack began. He and the applicant headed to a pit for protection; one round exploded near the pit as they dove in. He and the applicant were positioning themselves for minimum exposure when the applicant said he’d been hit in the leg by shrapnel. The barrage continued and he called for help. The medic was making his way through the battery area checking for injuries. He made his way through the explosions and treated the applicant’s injuries. Due to the severity of the wounds of the other Soldiers, the medic returned to them, and accompanied them on the medivac. He states the applicant returned to FSB Wade and eventually to the battalion aid station for further treatment. 13. The applicant provided a Daily Staff Journal / Duty Officer’s Log dated 8 November 1970 which states at 1815 hours, the unit reported taking two mortar rounds. There were 2 U.S. wounded in action. At 1835 hours, the unit reported additional incoming rounds resulting in one U.S. wounded in action. They received a total of 22 rounds of 60 mm mortars that resulted in damaged equipment, tires blown, shrapnel in a gas tank and a windshield blown out. 14. The applicant provided a letter from Captain (Retired) HRP to a Member of Congress, in which Captain HRP states the Board has been overly critical in its consideration of the applicant's case, noting, in effect, that the basis for the Board's denial was the absence of a written record of medical treatment for the applicant's wounds. Captain HRP notes that it is not unprecedented for a Veteran to be awarded a Purple Heart without a formal medical record of his injury. Captain HRP enclosed a news article dated 17 February 2012 regarding a Veteran who was awarded the Purple Heart 60 years after being wounded in Korea despite the absence of an official medical record of his injury. 15. Army Regulation 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contention and new information was carefully considered. Based upon the preponderance of evidence, the Board agreed the applicant’s wounds met regulatory guidance criteria entitling him to the Purple Heart. 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 Numbers AR20110023125 on 17 May 2012, and Docket Number AR20150012933 on 9 September 2016. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received caused by the enemy on 8 November 1970, and adding the Purple Heart to His DD Form 214 for the period ending 8 June 1971. 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): Not applicable. REFERENCES: Army Regulation 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. Award of the Purple Heart is announced in orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000045 4 1