ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 July 2019 DOCKET NUMBER: AR20190004986 APPLICANT REQUESTS: award of the Purple Heart with Second Oak Leaf Cluster. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 5 March 2019. FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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: a. The date of his second Purple Heart was not properly entered in his records and should be shown as 30 October 1966. b. His third Purple Heart should have been awarded 2 November 1966. c. He was not hospitalized but was treated by his platoon medic. He was shot in the left leg at 7:00 AM and then hit by shrapnel at about 3:00 PM the same day. The injuries occurred while he was in different fights. d. He has the medals but he does not have any paperwork for the Purple Hearts. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 (Armed Forces of the United States – Report of Transfer or Discharge). Therefore, his DD Form 214 will be administratively corrected to show award of the Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14). 4. On 20 October 1965, the applicant was inducted into the Army of the United States. 5. He served in Vietnam from 30 March 1966 through 26 March 1967. 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments), (Effective Date, Organization and Station or Theater, Conduct, Efficiency), he received all "excellent" conduct and efficiency ratings and during his deployment to Vietnam he was assigned or attached to: * Company A, 2d Battalion, 27th Infantry Division, from 21 April 1966 to 16 December 1966 * Headquarters and Headquarters Company, 2nd Brigade, 25th Infantry Division, from 17 December 1966 to 25 March 1967 b. item 40 (Wounds), contains the following two entries: * fragment wound right arm, face, and back, 2 August 1966 * gunshot wound, right foot, 5 November 1966 7. Headquarters, 25th Infantry Division, General Orders Number 711, dated 9 August 1966, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 2 August 1966. 8. Headquarters, 25th Infantry Division, General Orders Number 1390, dated 7 November 1966, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 5 November 1966. 9. On 19 October 1967, he was honorably released from active duty. His DD Form 214 shows in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * Vietnam Service Medal with two bronze service stars * National Defense Service Medal * Combat Infantryman Badge * Purple Heart with One Oak Leaf Cluster b. item 26 (Non-pay Periods Time Lost) – None. 10. His records contain Veterans Administration (now Department of Veterans Affairs) (VA) Form 21-2545 (VA – Report of Medical Examination for Disability Evaluation), dated 15 February 1968. This form shows in Section B – Medical History Since Latest VA Examination as Related by Person Examined the following information, in part, in: a. item 15 (Narrative Story), he reported that (1) on 2 August 1966, he was struck by shell fragments in his right shoulder, right arm, right elbow, right ear, and the right side of his neck; (2) on 5 November 1966, he had a gunshot wound to his right ankle; and (3) on 30 October 1966, he had superficial shell fragment wounds on the dorsum of his left hand and left middle finger." b. item 41 (Musculoskeletal System), "There is a superficial scar on the dorsum of the left hand and the dorsum of the distal phalanx of the left middle finger. None of the above scars are disfiguring and none interfere with movement." c. item 46 (Diagnosis), "1. Scar of gunshot wound, right leg. 2. Scars of shell fragment wound, below right ear, right side of neck, right shoulder, right arm, left hand and left middle finger." 11. His records are void of orders showing he was awarded the Purple Heart with Second Oak Leaf Cluster, Army Good Conduct Medal, or any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. 12. 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 Military Awards Branch, failed to reveal any orders for award of the Purple Heart with Second Oak Leaf Cluster pertaining to the applicant. 13. His name is shown on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam, and shows he was wounded on 5 November 1966 and 2 August 1966. His name is not listed for wounds received a third time. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his VA records, the Adjutant General Casualty Division Casualty Reference Name Listing, the entries on the applicant’s DA Form 20 in item 40 and the orders on the applicant’s record. The Board found there was insufficient evidence of wounds received in action to entitle the applicant to entitle the applicant to an additional award of the Purple Heart. The Board concurred with the administrative corrections stated in the Note(s) below and recommends that he also be awarded the Army Good Conduct Medal. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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: With the exception of the corrections stated in the Administrative Note(s) below, 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. 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): A review of the applicant's records show he was awarded or authorized the following awards: * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14) * Army Good Conduct Medal 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. The Purple Heart 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 the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. A Purple Heart is authorized for the first wound suffered under conditions indicated above; an oak leaf cluster is awarded to be worn on the medal or ribbon for each subsequent award. 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. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 4. Department of the Army General Orders (DAGO) Number 8, dated 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 5. Department of the Army Pamphlet 672-3 (Unit citation and Campaign Participation Credit Register (January 1960 – February 1986)) shows: a. 2d Battalion, 27th Infantry Regiment, 25th Infantry Division, was awarded the Valorous Unit Award for the period January 1966 to April 1966 by DAGO Number 20, dated 1967; Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by DAGO Number 48, dated 1971; and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by DAGO Number 51, dated 1971. b. Headquarters and Headquarters Company, 2d Brigade, 25th Infantry Regiment, was awarded the Valorous Unit Award for the period January 1966 to April 1966 by DAGO Number 20, dated 1967. ABCMR Record of Proceedings (cont) AR20190004986 5 1