ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 8 October 2019 DOCKET NUMBER: AR20190010633 APPLICANT REQUESTS: the Purple Heart for an injury caused by an enemy punji stake booby trap during combat operations in the Republic of Vietnam. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Standard Form (SF) 88, (Report of Medical Examination) dated 12 March 1969 * SF 89 (Report of Medical History) dated 12 March 1969 * SF 619A (Radiographic Report) dated 13 March 1969 * Department of the Army (DA) Form 2658 (Health Record-Abstract of Service) for dates of 4 July 1969 to 24 November 1970 * Dental exam dated 9 July 1969 * Treatment Record dated 9 July 1969 to 9 June 1971 * SF 601 (Immunization Record) * DA Form 2658 (Health Record-Abstract of Service) for dates 29 August 1969 to 3 June 1971 * DA 8-275-3 (Clinical Record Cover Sheet) dated 21 July 1970 * SF 502 (Clinical Record for hospitalization) * SF 600 (Chronological Record of Medical Care) dated 14 July 1970 to 5 January 1971 * Rudmose Audiogram * Hearing Conservation Data Card * DA Form 3082-R (Statement of Medical Condition) dated 24 April 1971 * FB (Den) Form 6 (Medical History) dated 2 February 1971 * SF 88 ( Report of Medical Examination) dated 24 May 1971 * SF 89 (Report of Medical History) dated 24 May 1971 * DD Form 214 (Report of Transfer or Discharge) * Letter from Veterans Service Office dated 15 May 2019 * Support Letter from R____ M____, Sr Colonel (COL) (Retired) FACTS: 1. The applicant did not file within the 3 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 wounded by an enemy trap during combat operations while rendering aid to another Soldier. The company commander wanted the applicant evacuated but he declined because his medical services were needed by wounded Soldiers. He never sought formal treatment as he was a medic and treated himself. 3. The applicant voluntarily enlisted in the Regular Army on 25 June 1969. After advanced individual training for military occupational specialty 91A (Medical Corpsman) he was assigned to Company D, 1st Battalion, 4th Infantry Division on 29 December 1969. 4. The applicant was reassigned to Company B, 2nd Battalion, 8th Infantry in Vietnam serving from 21 March 1970 to 20 November 1970. 5. The applicant was honorably discharged and transferred to the United States Army Reserve on 24 June 1971. His DD Form 214 reflects the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) * Bronze Star Medal with "V" Device * Vietnam Service Medal with two bronze service stars * Army Commendation Medal (Second Oak Leaf Cluster) * Republic of Vietnam Campaign Medal with Device (1960) * Good Conduct Medal (1st Award) 6. The applicant submitted a support letter from the Company Commander of Company B, 2nd Battalion, 8th Infantry to which the applicant was assigned. The letter corroborates the narrative of the applicant stating the injury occurred during the time period of 4-7 August 1970 by a punji stake pit. It further relays the applicant refused medical evacuation, treated his own wound, and continued to provide medical care to the Soldiers being medically evacuated by helicopter. 7. A review of the medical documents provided by the applicant as well as his records from the National Archives and Records Administration do not reflect any mention or treatment for a leg wound sustained during his enlistment period of 25 June 1969 to 24 June 1971. 8. The Soldier did receive a Bronze Star with "V" Device per Department of the Army General Orders Number 4745 with a date of action of 8 August 1970 citing: For heroism in connection with military operations against an armed hostile force in the Republic of Vietnam. [The Applicant] distinguished himself while serving as a Medic with Company B, 2d Battalion, 8th Infantry, 4th Infantry Division. On 8 August 1970, Company B was set-up in its night location when they began receiving heavy enemy mortar fire resulting in two deaths and four seriously wounded men. Ignoring the danger of impacting rounds, [the Applicant] instantly moved forward and administered first aid to the wounded soldiers. Without [the Applicant’s] assistance in the medical evacuation of the injured men, the casualties would have been more serious and some possibly may have died. 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 MOS, the medical documents in his records, the Commander’s statement and the Citation for his BSM-V. The Board found no in- service or post-service evidence of an injury to the applicant’s leg and he provided none to support the statements. Based on a preponderance of evidence, the Board determined that the absence of a Purple Heart in the applicant’s record is 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 the 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, with the exception of 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): 1. After a review of the applicant’s Vietnam tour dates he should be authorized three bronze service stars to be affixed to his previously awarded Vietnam Service Medal for the following three campaigns per Army Regulation 600-8-22: * Vietnam Winter-Spring 1970, 1 November 1969—30 April 1970 * DA Sanctuary Counteroffensive, 1 May 1970-30 June 1970 * Vietnam Counteroffensive, Phase VII, 1 July 1970-30 June 1971 2. The applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974. 3. Amend his DD Form 214 as follows: * Delete the Vietnam Service Medal with two bronze stars and replace it with the Vietnam Service Medal with three bronze service stars * Add Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, USC, 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 Army Board for Correction of Military Records (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 672-5-1 (Military Awards), then in effect, stated the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that 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. 3. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all 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. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190010633 4 1