ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 July 2020 DOCKET NUMBER: AR20190004687 APPLICANT REQUESTS: reconsideration of his earlier request for award of the following: * Purple Heart * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 24 February 2019 * Self-Authored letter, dated 24 February 2019 * three photographs * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Army Board for Correction of Military Records (ABCMR) Record of Proceedings Docket Number AR20160015304, dated 17 October 2018 * DD Form 215 (Correction to DD Form 214), dated 11 February 2019 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 AR20160015304 on 17 October 2018. 2. The applicant provided new evidence not previously considered that warrants consideration by the Board at this time. 3. The applicant states: a. The ABCMR provided partial relief on his earlier request; however, his request to record his awards of the Purple Heart and Combat Infantryman Badge were denied. The Combat Infantryman Badge was awarded to him in December 1970 in Chu Lai, Republic of Vietnam, and orders were issued by Company D, 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade, 23d Infantry Division (Americal), but he does not have a copy of the orders. There were several other infantrymen on the orders. b. He was awarded the Purple Heart in April 1971 while he was in the 90th Surgical Hospital, Chu Lai, Republic of Vietnam, prior to being further evacuated to Walter Reed Army Medal Center (WRAMC) in May 1971. He did not receive a copy of those orders and assumed they were issued to his unit. He recalls that he was in the surgical hospital in Chu Lai when his company along with the battalion were relocating to rear areas to DaNang and this may have contributed to the missing records issue. c. He served as an Infantry Platoon Leader while assigned to Company D, 4th Battalion, 31st Infantry Regiment, 196th Light Infantry Brigade, 23rd Infantry Division, from 3 October 1970 to 13 May 1971, at which time he was medically evacuated as a result of shrapnel wounds he received on 13 April 1971 near Landing Zone Siberia, Chu Lai, Republic of Vietnam. d. The Purple Heart was awarded in April 1971 at the 90th Surgical Hospital, Chu Lai, Vietnam, for shrapnel wounds received on 13 April 1971. He incurred shrapnel wounds in both legs and the back of his head from a Chicom grenade. The most severe of his wounds was to the rear of his right leg, severing the artery and damaging the popliteal nerve. He was medically evacuated to Landing Zone Hawk Hill in Tam Ky and then on to the 90th Surgical Hospital. e. He does not recall the details, but he spoke with the Company D clerk while he was hospitalized in Da Nang and discovered he was apparently the only person receiving serious wounds from the incident which was over in a few minutes. He only recalls the platoon medic yelling and telling them to get down a few seconds before the blast. The next thing he recalled was being loaded on a medical evacuation Huey (helicopter), f. The Purple Heart was pinned on his pillow by the division executive officer and he does not recall the exact date or the officer's name. He was still face down on the hospital bed as his right leg wound was left open for a period after surgery. He spent two weeks in recovery before he was further medically evacuated to Da Nang and on to WRAMC, Washington, District of Columbia, g. He was separated from service in August 1971, after recovery from his wounds. h. In October 1971, he received his award of the Bronze Star Medal in the mail with unit orders that he have since lost. He believes the orders were issued by WRAMC. 4. On 31 July 1969, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant in the Army. 5. On 26 September 1969, he was promoted to first lieutenant and ordered to active duty. 6. He served in Vietnam during the period 3 October 1970 through 13 May 1971 and he participated in one campaign. 7. His DA Form 66 also shows in: a. item 18 (Record of Assignments), in part, (1) he served in the following MOS while in Vietnam and assigned to Company D, 4th Battalion, 31st Infantry Regiment, 23rd Infantry Division, during the following periods – * MOS 1542, Flight Leader from 14 November 1970 to 6 December 1970 * MOS 1542, Executive Officer from 7 December 1970 to 8 February 1971 * MOS 1542, Flight Leader from 9 February 1971 to 29 April 1971 (2) he was placed in a "patient" status on 29 April 1971, b. item 21 (Awards and Decorations) – the Purple Heart and Combat Infantryman Badge were not listed among his awards 8. His records contained two DA Forms 2876 that show the following, in part, was added to item 18 of his DA Form 66: a. DA Form 2876, dated 2 May 1971, his patient status on 29 April 1971 at the Medical Holding Detachment, U.S. Army Hospital, Okinawa, and b. DA Form 2876, dated 10 June 1971, his patient status on 13 May 1971 at the Medical Holding Company, WRAMC. 9. On 10 August 1971, he was honorably released from active duty. He completed 1 year, 10 months, and 15 days of net service. His DD Form 214 does not show award of the Purple Heart or the Combat Infantryman Badge and he was awarded or authorized the: * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 10. On 17 October 2018 and in ABCMR Docket Number AR20160015304, the Board denied the applicant's request for award of the Purple Heart and Combat Infantryman Badge and directed correction of his DD Form 214 to show award of the Bronze Star Medal, Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 11. On 11 December 2019, he was issued a DD Form 215 which added his award of the Bronze Star Medal, Vietnam Service Medal with one bronze service star, and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 12. The applicant provided three photographs he described as being from his tour in Vietnam. 13. His available records are void of orders for award of the Purple Heart or Combat Infantryman Badge. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant full relief. 1. Regarding award of the Purple Heart Medal, The Board found the applicant’s statements that he was wounded by hostile fire on 13 April 1971, to be detailed, compelling, and consistent. The applicant’s medical records match the timeline detailed in the applicant’s statement and show he was a patient in the hospital with medical notes stating he had suffered “traumatic injury”. Furthermore, the applicant received a bronze star medal for meritorious service in connection with military operations against a hostile force. The Board found the record, when viewed in its totality, is sufficient to reasonably conclude the applicant was wounded as a result of hostile action and received medical treatment for those wounds on 13 April 1971. 2. Regarding the award of the CIB, the Board found that the applicant met the requirements per regulation. The applicant was an infantry Soldier, serving in an infantry unit and was engaged in hostile actions against the enemy. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding and adding the Purple Heart and the CIB. 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): N/A. 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 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 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, have been wounded, were killed, or who have died or may hereafter die of wounds received under any of the following circumstances: (1) In any action against an enemy of the United States; (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; (3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; (4) As the result of an act of any such enemy of opposing Armed Forces; (5) As the result of an act of any hostile foreign force; (6) After 28 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate Armed Services concerned if persons from more than one service are wounded in the attack; (7) After 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; (8) Service members who are killed or wounded in action by friendly fire; (9) A former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war (or while being taken captive); or (10) Service members killed or wounded in attacks by foreign terrorist organizations. b. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed below. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. c. The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. d. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. (2) Injury caused by enemy-placed trap or mine. (3) Injury caused by enemy-released chemical, biological, or nuclear agent. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Concussion injuries caused as a result of enemy-generated explosions. (6) Mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. e. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: (1) Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). (2) Trench foot or immersion foot. (3) Heat stroke. (4) Food poisoning not caused by enemy agents. (5) Chemical, biological, or nuclear agents not released by the enemy. (6) Battle fatigue. (7) Disease not directly caused by enemy agents. (8) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. (9) Self-inflicted wounds, except when in the heat of battle and not involving gross negligence. (10) Post traumatic stress disorders. (11) Airborne (for example, parachute/jump) injuries not caused by enemy action. (12) Hearing loss and tinnitus (for example: ringing in the ears). (13) Mild TBI or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function. (14) Abrasions and lacerations (unless of a severity to be incapacitating). (15) Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) (16) Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). (17) First degree burns. f. It is not intended that such a strict interpretation of the requirement for the wound or injury to be caused by direct result of hostile action be taken that it would preclude the award being made to deserving personnel. Commanders must also take into consideration the circumstances surrounding an injury, even if it appears to meet the criteria. g. There are basically 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. 3.. U.S. Army Regulation Vietnam 672-1 (Decorations and Awards), in effect at the time, prescribed policies, responsibilities, and criteria for awards. a. The Purple Heart was only awarded to U.S. personnel, military or civilian, who were wounded or killed in action or as a result of enemy action. The authority to award the Purple Heart was delegated to commanders of hospitals. Personnel treated and released within 24 hours would be awarded the Purple Heart by the organization commander having the authority. Personnel requiring hospitalization in excess of 24 hours or medically evacuated from the Republic of Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. To ensure the appropriate award of the Purple Heart was made, e.g., basic, first oak leaf cluster, second oak leaf cluster, etc., the hospital commander was to coordinate with the patient or the personnel officer of his unit. b. The Combat Infantryman Badge was awarded only to enlisted individuals who held and served in enlisted military occupational specialty 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman) and officers serving in infantry units provided these officers were awarded an infantry MOS 1542, 1543, 1560, or 2162. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190004687 6 1