ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 April 2020 DOCKET NUMBER: AR20190009850 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 June 24, 2019 * Purple Heart Certificate * 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 he was awarded the Purple Heart for wounds he received in action on 9 March 1969 while in the Vietnam War on 23 August 1969. 3. Sufficient evidence was contained in the applicant's records to administratively correct his records to show the following without Board action: * Army Commendation Medal * two additional bronze service stars to his previously issued Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 4. The Board will consider his request for correction of his DD Form 214 to show award of the Purple Heart and award of the Army Good Conduct Medal (First Award). 5. The applicant was inducted into the Army of the United States on 23 May 1968. 6. He served in Vietnam from 17 October 1968 to 14 October 1969 and he participated in four campaigns. While in Vietnam, he was assigned to: * Troop K, 3rd Squadron, 11th Armored Cavalry Regiment, from 23 October 1968 to 21 July 1969 * Headquarters and Headquarters Troop, 11th Armored Cavalry Regiment, from 22 July 1969 to on or about 14 October 1969 7. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 33 (Appointments and Reductions) – no reductions, b. item 38 (Record of Assignments) – no entry indicating he was in a patient status or transferred to a hospital and he received all "excellent" conduct and efficiency ratings, c. item 40 (Wounds) – entries indicating he had "possible broken eardrums, both ears on 9 March 1969" and "possible concussion or broken ear drums on 15 May 1969," d. item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal * two overseas service bars 8. His service record contains special and general orders issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis and Headquarters, III Field Force Vietnam, awarding him the following: * Special Orders Number 189, dated 8 July 1968 – Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Special Orders Number 255, dated 12 September 1968 – Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Special Orders Number 258, dated 15 September 1968 – Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 9. His records contains a Western Union telegram, dated 11 March 1969, that shows he was slightly wounded in action in Vietnam on 9 March 1969. The telegram also shows he was driver of a military vehicle on a combat operation when the vehicle hit a hostile mine. He received a temporary loss of hearing to both ears. He was treated and was returned to duty. 10. He provided a copy of his Purple Heart Certificate, dated 23 August 1969, that shows he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 9 March 1969. 11. Headquarters, II Field Force Vietnam, General Orders Number 2964, dated 21 October 1969, awarded him the Army Commendation Medal which is not listed on his DD Form 214. 12. His records contains a Standard Form 89 (Report of Medical History), dated 23 April 1970, that shows in item 33 (Have You Had Any Illness or Injury Other Than Those Already Noted?), he indicated he had been blown up on a track in Vietnam and he was treated for a perforated ear drum. 13. On 22 May 1970, he was honorably released from active duty and transferred to the U.S. Army Control Group (Annual Training). His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge 14. The applicant's name is listed twice on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for being wounded in action on 9 March 1969 [casualty code 23-not serious hospitalized] and on 15 May 1969 [casualty code-24-not serious not hospitalized]. 15. 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. 16. His records are void of derogatory information or a commander's disqualification for award of the Army Good Conduct Medal (First Award) for the period 23 May 1968 through 22 May 1970. ? BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. 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. The Board determined that the evidence presented is sufficient for award of the Purple Heart and the Army Good Conduct Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 amending his DD Form 214 for the period ending 22 May 1970 by awarding him the Purple Heart and the Army Good Conduct Medal. 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: * Army Commendation Medal * two additional bronze service stars to his previously-issued Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 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 672-5-1 (Awards), in effect at the time, provided Army policy, criteria and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, and unit decorations. a. The Purple Heart was 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 records of medical treatment for wounds or injuries received in action must have been made a matter of official record. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained under enemy, opposing armed force, or hostile foreign action. A physical lesion is not required, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign action. b. 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. 3. 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 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. Service members who are killed or wounded in action by friendly fire. In accordance with Title 10 USC, section 1129, for award of the Purple Heart, the Secretary of the Army will treat a service member of the Armed Forces described in paragraph 2-8b(8)(a), in the same manner as a service member who is killed or wounded in action as the result of an act of an enemy of the United States. d. A service member described in this subsection is one who is killed or wounded in action by weapon fire while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of willful misconduct of the service member. e. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * injury caused by enemy-placed trap or mine * injury caused by enemy-released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire * concussion injuries caused as a result of enemy-generated explosions * 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 f. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot * heat stroke * food poisoning not caused by enemy agents * chemical, biological, or nuclear agents not released by the enemy * battle fatigue * disease not directly caused by enemy agents * accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * self-inflicted wounds, except when in the heat of battle and not involving gross negligence * post-traumatic stress disorder * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * mild traumatic brain injury 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 * abrasions and lacerations (unless of a severity to be incapacitating) * bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth) * first degree burns 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), in effect at the time, listed the awards received by units serving in Vietnam. This pamphlet shows the 11th Armored Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 50, dated 1971, for the period 1 May 1969 to 15 February 1970. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009850 5 1