ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 May 2019 DOCKET NUMBER: AR20190003169 APPLICANT REQUESTS: * award of two Purple Hearts (PH) for service in Korea * award of the PH for service in the Republic of Vietnam * the Combat Infantryman Badge (CIB) APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * medical records * letter from X____ picture of applicant with another Soldier * picture of an x-ray FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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 stabbed in the right hand * the military police told the medic it was in the line of duty * he has medical records and eye witnesses * his sister had his records * he saw them in 2016 * his sister saw the picture of him and another Soldier on the Internet in 2018 * he's sitting next to a Soldier who was in the 101st Airborne Division, unit shown on his left arm * the only place they were in was South Vietnam * the 101st Airborne Division was not in Korea * the picture was taken in May 1969 * he lost his security clearance in Korea * * he was used as an escort to the Korea Army * he flew to Vietnam from Osan, Korea * he asked the first sergeant if it was temporary duty and was told no he was an escort * he needs to know why he is sitting next to a 101st Airborne Division Soldier and who he was * he had a doctor look at the picture and was told his nose was broke * he had a black eye and a bad concussion * when he was in Korea, the medic was drunk all the time * he doesn't know why the medic did not put this information into his records * he was not allowed to look at his records * when he got out of the service, he did not read his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * he signed it and left * he moved and his mother gave his records to his sister * he got them back in 2018 and they were wrong * in 2008 his Congressman asked that the Detroit RO [sic] look at his records * they did and his Vietnam Service was reinstated * later it was taken away again * he found out they were shredding documents and they were caught doing so 3. The applicant's service records contain a DA Form 20 (Enlisted Qualification Record), which indicates in item 31 (Foreign Service) he served in Korea from 22 June 1968 through 2 September 1969. There is no evidence in the applicant's service records he served in Vietnam. His DD Form 214 indicates he completed 1 year, 2 months, and 11 days of foreign and/or sea service. 4. Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained in action against an enemy or as a result of hostile action. To be entitled to the Purple Heart, the following three criteria must be met: * the wound must have been sustained 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. 5. There is no evidence in the applicant's record to indicate he was wounded in action. His records are void of medical records indicating he was wounded. Item 40 (wounds) of his DA Form 20 is void of an entry. The applicant provides medical records indicating he was wounded on his left hand when he fell off a fence while in Korea. There is no evidence the wound was received as a result of action against an enemy. 1. 6. There is no evidence in the applicant's service records that he served in the Republic or Vietnam or that he was wounded while serving in the Republic of Vietnam. 7. The applicant provides a letter from X____, which states, in part: * he was stationed in South Korea and met the applicant while on temporary duty * in the summer of 1969, there was an alert because of infiltrators * the applicant was ordered to climb a fence because the front gate was blocked * when the applicant climbed the fence, he caught his foot on the top wire and fell * a few days later, he was unable to walk * when the medics arrived, they removed his boots and pants * the applicant was unable to move his lower extremities and he had no feeling from the waist down * the medics tested him for feeling even touching him with a lit cigarette * the applicant was unable to feel it * the applicant was in bed for a few days being treated with ice packs and medication * the applicant slowly began to regain the feeling in his lower body * the applicant was not as agile after he fell from the fence 8. Army Regulation 600-8-22 provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 9. There is no evidence in his records, and the applicant did not provide evidence, that he served in active ground combat while assigned in Korea. His DA Form 20 indicates he was assigned to Battery 3, 4th Battalion, 44th Artillery Regiment while in Korea and his MOS was 76S20 (Automotive Repair Parts Specialist). 10. Governing law and regulations place time limitations on submission of award recommendations. Section 1130 of Title 10 of the United States Code (10 USC 1130) allows the Service Secretary concerned, in this case the Secretary of the Army, to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. 10 USC 1130 requires that a request of this nature be referred to the Service Secretary from a Member of Congress. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. His record is absent evidence he served in Vietnam, sustained any injuries as a result of direct combat action with an armed enemy, or was involved in direct combat with an armed enemy. Based upon the preponderance of evidence, the Board agreed there is insufficient evidence to grant relief. 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. 5/28/2019 X CHAIRPERSON Signed by: 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. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The PH 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 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. b. There are three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty. 4. Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, Kentucky 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant.