ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2019 DOCKET NUMBER: AR20190009627 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. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 20 June 2019 * two Standard Forms 513 (Consultation Sheet) * Standard Form 600 (Chonological Record of Medical Care), dated 1 May 1970 * Standard Form 519-A (Radiographic Report), dated 23 April 1971 * Standard Form 93 (Report of Medical History), undated 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: * he received a shrapnel wound while in the Republic of Vietnam * those who are wounded in combat have earned the right to proudly display a Purple Heart 3. The applicant enlisted in the Regular Army on 10 October 1968. 4. He served in Vietnam during the period 16 January 1970 to 13 January 1971 and he participated in three campaigns. While in Vietnam, he was assigned to Company B, 37th Signal Company, 63d Signal Battalion. 5. His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments) – no entry indicating he was in a patient status or transferred to a hospital * item 40 (Wounds) - no entry [blank] * item 41 (Awards and Decorations) - no entry for award of the Purple Heart 6. His service record contains Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Special Orders Number 343, dated 9 December 1968, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 7. He provided copies of the following medical documents: a. a Standard Form 513, dated 24 April 1970, wherein the examining physician noted x-rays revealed the applicant had small shrapnel imbedded just below his knee. The physician advised leaving the metal piece in his knee. b. a Standard Form 600 that shows: * on 1 May 1970, he returned to the medical facility for evaluation of his knee for shrapnel and requested the shrapnel be removed * on 21 April 1971, the applicant was evaluated for shrapnel in his left knee that occurred in the Republic of Vietnam and he was injured on a horse the previous day c. a Standard Form 519-A, dated 21 April 1971, wherein his x-ray revealed a small crescent-shaped metallic foreign body in the soft tissues just medial to his knee joint. The physician noted that the knee was otherwise normal. d. a Standard Form 93, undated, wherein the physician noted the applicant had shrapnel in his left knee one year previously and he had pain in knee when horseback riding. e. a Standard form 513, dated 21 April 1971, wherein the physician noted the applicant had shrapnel fragment in his left knee one year previously while assigned in Vietnam. The document shows "wound of entry – no." 8. His service record also contains Department of the Army, 11th Signal Group (U.S. Army Strategic Command (STRATCOM)), General Orders Number 68, dated 6 October 1971, which show he was awarded the Army Good Conduct Medal (1st Award) for the period 10 October 1968 through 9 October 1971. 9. On 8 October 1971, he was released from active duty. His DD Form 214 shows he was awarded or authorized the: * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars 10. The applicant's 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. 11. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 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 record of service to include service in Vietnam, his awards, the medical documents provided, the absence of evidence of a specific wound or injury or treatment, the absence of the circumstances regarding the fragment in his knee, the absence of entries regarding wounds on his DA Form 20 or his name on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing, and the absence of orders awarding him the Purple Heart. Based on a preponderance of evidence, the Board determined there was insufficient evidence to find the applicant sustained a wound meeting the criteria for award of a Purple Heart and that the absence of a PH in his records was not in error or unjust. The Board concurred 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 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: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, except for the corrections stated in the Administrative Note(s) that follow, 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 or authorized the following awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected to show award of the following awards: * Army Good Conduct Medal (1st Award) * three bronze service stars to his previously issued Vietnam Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * 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) states the Purple Heart is awarded for a wound sustained while 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 medical personnel, and the medical treatment must have been made a matter of official record. a. A wound is defined as an injury to any part of the body from an outside force or agent. 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. b. When contemplating an award of this decoration, the key issue that commanders must take into consideration 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 prerequisite, but is not sole justification for award. c. Individuals injured as a result of their own negligence (for example, driving or walking through an unauthorized area known to have been mined or placed off limits or searching for or picking up unexploded munitions as war souvenirs) will not be awarded the Purple Heart as they clearly were not injured as a result of enemy action, but rather by their own negligence. 3. Department of the Army General Orders Number 8, dated 1974, announced 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. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to February 1986. This pamphlet shows the 63d Signal Company was awarded the Meritorious Unit Commendation by Department of the Army General Order Number 18, dated 1979, for the period 1 March to 30 June 1970. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009627 4 1