ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 15 August 2019 DOCKET NUMBER: AR20190007016 APPLICANT REQUESTS: award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the: * Purple Heart * Valorous Unit Award * Presidential Unit Citation APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Extract, 35th Infantry Regiment (Cacti) Website, Valorous Unit Award, 15 March 1966 * Extract, 35th Infantry Regiment (Cacti) Website, Presidential Unit Citation, 27 September 1968 * Standard Form 600 (Chronological Record of Medical Care), dated 29 November 1966 * Standard Form 88 (Report of Medical Examination), dated 23 January 1967 * Standard Form 93 (Report of Medical History), dated 11 February 1967 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Letter, Applicant, dated 24 May 1985 * Letter, U.S. Senate Committee of Finance, Washington, DC, dated 4 June 1985 * Letter, Applicant, dated 5 June 1985 * Letter, Applicant, dated 23 January 1986 * Extract, 35th Infantry Regiment (Cacti) Website, Killed in Action Landing Zone 10 Alfa Index with transcribed morning reports for Company A, 1st Battalion, 35th Infantry Regiment (Cacti), dated 29 May 2011 * Letter, Applicant, dated 7 May 2012 * Department of Veterans Affairs (VA), Decision Review Officer Decision, dated 22 March 2013 FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, 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. His DD Form 214 is missing three medals: * Valorous Unit Award * Presidential Unit Citation * Purple Heart b. He was hit by shrapnel and never received a Purple Heart. c. He was awarded service connection by the VA for the injuries substantiated as shrapnel wounds to the back of his head. d. He has been attempting to obtain the Purple Heart for the last 5 years with no assistance from anyone until the Rhode Island Office of Veterans Affairs helped him. 3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company A, 1st Battalion, 35th Infantry Regiment, in Vietnam from 8 January 1966 through on or about 19 December 1966. 4. He participated in the following campaigns during his service in Vietnam. * Vietnam Counteroffensive – 25 December 1965-30 June 1966 * Vietnam Counteroffensive Phase II – 1 July 1966-31 May 1967 5. His records contain a DA Form 1 (Morning Report) showing he was listed as absent, sick, or ill on 25 October 1966 and was released from assignment and reassigned. 6. He provided a Standard Form 600 showing he was admitted to the 67th Evacuation Hospital, Vietnam, for malaria on 29 November 1966. 7. He provided his Standard Form 88, dated 11 February 1967, showing the physician noted in item 35 (Upper Extremities) that he lost range of motion in the index finger of his left hand due to a shrapnel injury. 8. He provided his Standard Form 93, dated 11 February 1967, showing: * in item 31 (Have you had, or have you been advised to have any operations?), he checked "Yes" and noted he was advised to have a tendon graft on his left index finger * in item 33 (Have you had any illness or injury other than those already noted?), he checked "Yes" and noted he had malaria four times 9. His name is not 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. 10. Item 40 (Wounds) of his DA Form 20 contains no entries. 11. He was honorably released from active duty on 17 February 1967. He completed 2 years, 10 months, and 18 days of net active service during this period, including 1 year, 1 month, and 10 days of foreign service. 12. His DD Form 214 shows he was awarded or authorized the: * Combat Infantryman Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 13. Department of the Army General Orders 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. 14. He provided a copy of a letter he wrote to his Congressional representative, dated 23 January 1986, requesting assistance for award of the Purple Heart and listing Soldiers who served with him in Vietnam who witnessed the attack and the injuries that were sustained. 15. He provided an extract listing an index of service members killed in action at Landing Zone 10 Alfa from the 35th Infantry Regiment (Cacti) website, dated 29 May 2011, with transcribed morning reports for Company A, 1st Battalion, 35th Infantry Regiment. The morning report listing those wounded in action and treated at the 85th Evacuation Hospital, Qui Nhon, for 29 May 1966 shows he received a shrapnel wound in his neck. 16. He provided a copy of the VA Review Officer's Decision, dated 22 March 2013, showing: a. he was granted service connection for a shrapnel wound to the back of his head with an evaluation rating of 30 percent effective 19 April 2012; b. he was granted service connection for a scar from the shrapnel wound to the back of his head with an evaluation of 10 percent effective 19 April 2012; and c. service connection for the shrapnel wound to the back of his head was established as directly related to military service. His account of the injury was considered credible based on him being a combat veteran and the incident occurred during combat operations. 17. He provided an extract from the 35th Infantry Regiment (Cacti) website, dated 16 April 2016, showing Company A, 1st Battalion, 35th Infantry Regiment, was awarded the Valorous Unit Award in General Orders Number 17, dated 15 March 1966 (authorizing command is omitted). 18. He provided an extract from the 35th Infantry Regiment (Cacti) website, dated 16 April 2016, showing Company A, 1st Battalion, 35th Infantry Regiment, was awarded the Presidential Unit Citation in Headquarters, Department of the Army, General Orders Number 51, dated 27 September 1968. 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 unit, MOS and service in Vietnam, the available in-service and VA medical records and the authorized awards reflected on his separation document. The Board found the available medical records sufficient to support the award of a Purple Heart to the applicant and the Board concurs with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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: In addition to the corrections stated in the Administrative Note(s) that follow, 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: - Award him the Purple Heart for wounds received in Vietnam on 29 May 1966 and ; - Amend his DD form 214 for the period of service ending 17 February 1967 to add, in addition to those awards below, the Purple Heart to item 24 (Decorations, Medals, Badges, Commendations, Citations…). 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): the applicant is authorized the following awards based on his military records, Army Regulation 600-8-22, and Department of the Army Pamphlet 672-3: * Valorous Unit Award * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * two bronze service stars with his already-awarded Vietnam Service Medal 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 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 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be entered in item 40. 3. 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 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, not merely examination, by a medical officer; and the medical treatment must have been documented in the service member's medical and/or health record. b. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows: * Company A, 1st Battalion, 35th Infantry Regiment, was cited for award of the Valorous Unit Award for the period 15 March 1966 in Department of the Army General Orders Number 17, dated 23 April 1968 * Company A, 1st Battalion, 35th Infantry Regiment, was cited for award of the Presidential Unit Citation for the period 28-29 May 1966 in Department of the Army General Orders Number 51, dated 27 September 1968 ABCMR Record of Proceedings (continued) AR20190007016 4 1