ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 October 2020 DOCKET NUMBER: AR20190010108 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 15 May 2019 * Standard Form 600 (Chronological Record of Medical Care), dated 24 April 1968 to 18 October 1968 * undated copy of photograph of rocket shell * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 June 1969 * letter, P__ E. G___, dated 14 March 2019 * letter, Department of Veterans Affairs, dated 10 May 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. He was wounded during a rocket attack in Ben Hoa Airbase, Vietnam, in April 1968. b. During the attack, he was injured while running into the bunker next to the barracks of his unit, 334th Armed Helicopter Company, 145th Combat Aviation Battalion, 1st Aviation Brigade. 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 Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Aviation Badge (formerly known as the Aircrewman Badge), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). These awards will not be discussed further in these Record of Proceedings. 4. On 27 October 1966, the applicant enlisted in the Regular Army. 5. He served in the Republic of Vietnam from 5 April 1968 through 1 June 1969 and participated in four campaigns. He was assigned to 334th Armed Helicopter Company. 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 40 (Wounds) – no entries. b. item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas bars * Air Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 7. On 2 June 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) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal * Army Commendation Medal 8. He provided: a. A copy of an SF 600, with an entry, dated 24 April 1968, stating, "[Patient] returned for check on las [laceration] on head just above eye (L). Check[s] out ok." b. A copy of an undated photograph showing a shell casing. c. A letter written by Retired SGM P____ E. G____, stating: (1) He served in the 334th Armed Helicopter Company in Ben Hoa, South Vietnam in 1968. His night attack helicopter unit was called Firefly. (2) He was asleep having flown most of the prior night on a mission. The airbase came under rocket attack. One large 122 mm rocket landed immediately outside the headquarters orderly room. He jumped up and grabbed his rifle and went to the sandbagged bunker outside the wooden barracks. (3) He caught a glimpse of [applicant] scrambling for safety of the bunkers. In his haste to get into the bunker the applicant hit the overhead wooden support extremely hard and gashed his head. He was stunned and dragged into the safety of the bunker. [Applicant] and he discussed this back then and he encouraged the applicant to correct his military record. (4) Even through the applicant was in the communications section they flew together on many occasions, he as a volunteer. He believes the applicant should have been awarded an aircrewman badge for all his flights. d. A letter from the Department of Veterans Affairs, dated 10 May 2019, showing a compensation percentage rating of 100 percent for service-connected disabilities. 9. His records are void of orders showing he was awarded the Purple Heart. 10. 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. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant. 12. By regulation (AR 600-8-22), 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 * the medical treatment must have been made a matter of official record BOARD DISCUSSION: After reviewing the application and all supporting evidence, other than the Administrative Notes (below the signature), the Board determined that there was insufficient evidence to grant relief. Regrettably, the Board found no documentation within the official record showing the applicant was wounded in combat by enemy contact or as a direct result of hostile action, or was treated by military medical personnel. The records available do not indicate any wounds that the applicant had at the time of discharge or that any wound was made a matter of official record. Therefore there is no indication that the applicant met the regulatory requirements for award of the Purple Heart. 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: Aside from the Administrative Notes annotated by the Analyst of Record (below the signature), the Board determined 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): the applicant was awarded or authorized the following awards or decorations not shown on his DD Form 214: * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Aviation Badge * Sharpshooter 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 Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. (2) Injury caused by enemy-placed trap or mine. (3) Injury caused by enemy-released chemical, biological, or nuclear agent. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Concussion injuries caused as a result of enemy-generated explosions. (6) 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. b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: (1) Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). (2) Trench foot or immersion foot. (3) Heat stroke. (4) Food poisoning not caused by enemy agents. (5) Chemical, biological, or nuclear agents not released by the enemy. (6) Battle fatigue. (7) Disease not directly caused by enemy agents. (8) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. (9) Self-inflicted wounds, except when in the heat of battle and not involving gross negligence. (10) Post traumatic stress disorders. (11) Airborne (for example, parachute/jump) injuries not caused by enemy action. (12) Hearing loss and tinnitus (for example: ringing in the ears). (13) 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. (14) Abrasions and lacerations (unless of a severity to be incapacitating). (15) Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) (16) Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). (17) First degree burns. 3. DA PAM 672-3 (Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)) shows 334th Aviation Company, 145th Aviation Battalion, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 through 15 May 1970 by Department of the Army General Orders, dated 1971. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190010108 6 1