IN THE CASE OF: BOARD DATE: 28 April 2020 DOCKET NUMBER: AR20190012752 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 11 June 2019 * Standard Form 502 (Clinical Record), dated 19 July 1970 * Headquarters, 4th Infantry Division, General Orders Number 4094, dated 3 August 1970 * DD Form 214 for the period ending 6 April 1971 * Rating Decision, Department of Veterans Administration (VA), dated 3 May 2019 * VA letter, dated 12 June 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States 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 right knee was injured from a punji stick (booby trapped stake) in July 1970 during combat service while he was Vietnam. b. The VA acknowledged his service-connected injury on 15 March 2018. c. He desires award of the Purple Heart as he would like the historical record of his combat service and combat injury accurately reported. The Army never acknowledged his combat-related service injury with award of the Purple Heart. 2. 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: * Air Medal * four additional bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16) 3. The Board will consider his request for award the Purple Heart and the Army Good Conduct Medal (First Award). 4. On 7 April 1969, the applicant was inducted into the Army of the United States. 5. He served in Vietnam from 4 September 1969 to 3 September 1970 and he participated in four campaigns. While in Vietnam, he was assigned to Company B, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division. 6. He provided a copy of a Standard Form 502, dated 19 July 1970, which shows he sustained a punji stick wound to his right knee on 17 July 1970. He was a patient at the 17th Field Hospital for 2 days. 7. His records contains a Standard Form 88 (Report of Medical Examination), dated 10 March 1971, which shows in item 39 (Identifying Body Marks, Scars, Tattoos), a circle around "Scars" and the handwritten entry "right knee." 8. His DA Form 20 (Enlisted Qualification Record) – shows in: a. item 29 (Qualification in Arms) – his weapons qualifications as follows: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * First Class (Sharpshooter) Marksmanship Qualification Badge with Grenade Bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * First Class (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60) b. item 33 (Appointments and Reductions) – no reductions, c. item 38 (Records of Assignments) – he received all "excellent" conduct and efficiency ratings, d. item 40 (Wounds) – no entries, and e. item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Overseas Service Bar (Second Award) * Army Commendation Medal 9. On 6 April 1971, he was honorably released from active duty. His DD Form 214 shows in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * two overseas service bars b. item 26a (Non-Pay Periods Time Lost) – none. 10. He provided a copies of: a. his VA disability rating determination, dated 3 May 2019, that shows he received, in part, a 0-percent disability rating for a service-connected scar to his lower right extremity effective 15 March 2018 and an 80-percent overall combined disability rating for his service-connected disabilities and b. his VA letter, dated 12 June 2019, that shows he was granted a 100-percent permanent and total disability evaluation effective 15 March 2018. 11. His records are void of orders showing he was awarded the Purple Heart or the Army Good Conduct Medal (First Award). 12. 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 award of the Purple Heart pertaining to the applicant. 13. His name is 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, as wounded in action on 17 July 1970. 14. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal for the period 7 April 1969 through 6 April 1971. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. The applicant contentions, his military record, and regulatory guidance were carefully considered. The Board considered the contents of the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing. 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 evidence supports awarding of the Purple Heart. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the corrections be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : XXX :XX :XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period ending 6 April 1971 by awarding and adding the Purple Heart. 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: * Air Medal * four additional bronze service stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16) REFERENCES: 1. Title 10, United States 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 600-8-22 (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 by a medical officer, and the medical treatment must have been made a matter of official record. b. 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. 3. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), in effect at the time, shows 1st Battalion, 14th Infantry Regiment, was awarded the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970 by Department of the Army General Orders Number 52, dated 1971, a period the applicant was assigned to the unit, and b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969 by Department of the Army General Orders Number 53, dated 1970, a period the applicant was assigned to the unit. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190012752 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1