ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 April 2020 DOCKET NUMBER: AR20190005578 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart with Oak Leaf Cluster (2nd Award). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 14 March 2019 * Headquarters, 25th Infantry Division, General Orders Number 8596, dated 4 December 1968 * two DD Forms 4980 (Purple Heart Certificate), dated 4 December 1968 * Headquarters, 12th Evacuation Hospital (Semi-Mobile), General Orders Number 283, dated 4 December 1968 * Headquarters, 25th Infantry Division, General Orders Number 945, dated 1 February 1969 * DD Form 214 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 his award of the Purple Heart (2nd Award) is not shown on his DD Form 214 and he requests issuance of a DD Form 215 (Correction to DD Form 214) to show this. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected to show award of the following: * "V" Device to his previously-issued Bronze Star Medal * Numeral 6 to his previously-issued Air Medal * one silver service star to his previously-issued Vietnam Service Medal * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (Second Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 4. The Board will consider his request for the award of the Purple Heart (2nd Award). 5. On 3 April 1968, the applicant was inducted into the Army of the United States. 6. Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 185, dated 22 July 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). 7. He served in Vietnam from 2 September 1968 through on or about 3 November 1969 and he participated in five campaigns. While in Vietnam, he was assigned to: * Company A, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division, from 9 September 1968 to 7 May 1969 * Company B, 25th Aviation Battalion, 25th Infantry Division, from 8 May 1969 to on or about 3 November 1969 8. He provided copies of: a. two DD Forms 4980, dated 4 December 1968, showing award of the Purple Heart for wounds received in action on 1 December 1968 in the Republic of Vietnam. The certificates were issued by separate commands and authenticated by separate commanders, the Commander, 12th Evacuation Hospital and the Commander, 25th Infantry Division, b. Headquarters, 12th Evacuation Hospital (Semi-Mobile) (SMBL), General Orders Number 283, dated 4 December 1968, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 1 December 1968. c. Headquarters, 25th Infantry Division, Vietnam, General Orders Number 8596, dated 1 February 1969, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 1 December 1968. 9. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency ratings, b. item 40 (Wounds) – fragment wound, left leg, back, 1 December 1968, and c. item 41 (Awards and Decorations) – he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Purple Heart (Headquarters, 25th Infantry Division, General Orders Number 8596) * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal with "V" Device * Air Medal * Army Commendation Medal * Air Medal (5th Oak Leaf Cluster) [with Numeral 6] * Combat Infantryman Badge * two overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 10. On 3 December 1969, he was honorably released from active duty. His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Vietnam Service Medal * Bronze Star Medal * Army Commendation Medal * Air Medal 11. On 4 November 2011, he was issued DD Form 215 which corrected his DD Form 214 for the period ending 3 December 1969 to show award of the Purple Heart. 12. 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. The date of his wound is shown as 1 December 1968. 13. His records are void of any evidence he incurred a wound in action against an enemy or as a result of hostile action before or after his injury on 1 December 1968. 14. His records are void of a commander's disqualification for award of the Army Good Conduct Medal (First Award) for the period 3 April 1968 through 3 December 1969. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the relief was not warranted. Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for a second award of the Purple Heart and thus recommended denying the request. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found 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 shows he was awarded or authorized the following awards not listed on his DD Form 214: * "V" Device to his previously-issued Bronze Star Medal * Numeral 6 to his previously-issued Air Medal * one silver service star to his previously-issued Vietnam Service Medal * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 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 Department of the 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. 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 Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986), in effect at the time, shows: a. Company A, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division, was awarded the: * Republic of Vietnam Civil Actions Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970 by Department of Army General Orders (DAGO) Number 51, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968 by DAGO 51, dated 1971 b. Company B, 25th Aviation Battalion, 25th Infantry Division, was awarded the: * Valorous Unit Award Republic for the period 12 August 1969 through 24 August 1969 by DAGO Number 48, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1965 through 21 January 1970 by DAGO Number 51, dated 1971 4. 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 5. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, stated 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 to make the award as delegated at Appendix II. 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 of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190005578 5 1