ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 August 2020 DOCKET NUMBER: AR20190015267 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the following: * Purple Heart * Bronze Star Medal * Air Medal * Army Commendation Medal * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 15 October 2019 * Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 196, dated 15 July 1969 * Headquarters, 101st Airborne Division (Airmobile), General Orders Number 13677, dated 12 November 1969 * Headquarters, 101st Airborne Division (Airmobile), General Orders Number 3697, dated 1 April 1970 * Headquarters, 101st Airborne Division (Airmobile), General Orders Number 4340, 17 April 1970 * 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: a. He was awarded the Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, and the Air Medal and these awards should be added to his DD Form 214. b. In December 1970, he was wounded in Vietnam during an attack by enemy forces, which caused a shrapnel wound to his left shoulder. c. He believes he should be awarded the Purple Heart due to being wounded in action against an enemy of the U.S. or as a result of an act of any such enemy or opposing armed forces in Vietnam. 3. Sufficient evidence is contained in the applicant's records for an administrative correction of his DD Form 214 without Board action. His DD Form 214 will be administratively corrected to show award of the following: * Bronze Star Medal * Air Medal * Army Commendation Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-40) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 4. The Board will consider the applicant's request for award of the Purple Heart. 5. On 27 August 1968, the applicant enlisted in the Regular Army. 6. He completed training and he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). 7. Headquarters, 101st Airborne Division (Airmobile) General Orders Number 196, dated 15 July 1969, awarded him the Combat Infantryman Badge. 8. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 13677, dated 12 November 1969, awarded him the Army Commendation Medal for action during the period 1 June 1969 to 31 October 1969. 9. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) – service in United States Army Pacific Command, Vietnam, from 18 May 1969 to 10 April 1970; b. item 38 (Record of Assignments), in part – Company E, 2nd Battalion (Airmobile), 501st Infantry Regiment, for the period 5 June 1969 to 10 April 1970; c. item 40 (Wounds) – "None;" d. item 41 (Awards, Decorations and Campaigns) – * National Defense Service Medal * Meritorious Unit Commendation * "Armed Forces Level" (unknown) * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * two overseas service bars * Bronze Star Medal * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Expert Marksmanship Qualification Badge with Rifle Bar (M-40) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 10. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 3697, dated 1 April 1970, awarded the applicant the Bronze Star Medal for meritorious service during the period 1 June 1969 to 31 March 1970. 11. Headquarters, 101st Airborne Division (Airmobile), General Orders Number 4340, dated 17 April 1970, awarded him the Air Medal for service on 15 November 1969. 12. On 24 September 1970, he was honorably released from active duty. His DD Form 214 shows he completed 2 years, 11 months, and 28 days of net service and he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with three bronze service stars 13. 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. 14. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 15. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal (First Award) for the period 27 August 1968 through 24 September 1971. 16. His records are void of any evidence of an injury or wound incurred during his service in Vietnam. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief in accordance with the Administrative Notes recorded by the analyst of record (below the signature). 1. The Board recommends granting the applicant’s request for the BSM, AM, ARCOM and CIB per the Administrative Notes. 2. However, the applicant’s record is absent evidence that shows he was wounded in Vietnam. His DA Form 20 does not list any wounds, the Awards Database failed to reveal any orders for award of the Purple Heart pertaining to the applicant, and the record is otherwise void of and the applicant did not provide sufficient evidence that he met the regulatory guidance for award of a Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. In consideration of the Administrative Notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to grant partial relief. 2. The Board recommends approving the applicant’s request for awards per Administrative Notes. 3. The Board recommends denying the applicant’s request for award of 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): The applicant was awarded or authorized the following awards not listed on his DD Form 214: * Bronze Star Medal * Air Medal * Army Commendation Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-40) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded in the name of the President of the United States to any member of an Armed Force of the United States under the jurisdiction of the Secretary of the Army, who, after 5 April 1917, has been wounded, killed, or who has died or may hereafter die of wounds received, under any of the following circumstances: (1) In any action against an enemy of the United States. (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged. (3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. (4) As the result of an act of any such enemy or opposing Armed Forces. (5) As the result of an act of any hostile foreign force. (6) After 7 December 1941, pursuant to Title 10, United States Code, section 1129, as a result of friendly fire provided the member was killed or wounded in action by friendly weapon fire while directly engaged in armed conflict, other than 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 the willful misconduct of the member. (7) On or after 7 December 1941, to a member who is killed or dies while in captivity as a Prisoner of War under circumstances establishing eligibility for the Prisoner of War Medal, unless compelling evidence is presented that shows the member’s death was not the result of enemy action. b. A physical lesion is not required. (1) Treatment of the wound will be documented in the member’s medical and/or health record. (2) Award may be made for a wound treated by a medical professional other than a medical officer provided a medical officer includes a statement in the member’s medical record that the severity of the wound was such that it would have required treatment by a medical officer if one had been available to provide treatment. (3) A medical professional is defined as a civilian physician or a physician extender. Physician extenders include nurse practitioners, physician assistants, and other medical professionals qualified to provide independent treatment (to include Special Forces medics). Medics (such as combat medics – military occupational specialty 68W) are not physician extenders. (4) A medical officer is defined as a physician with officer rank. The following are medical officers: (a) An officer of the medical corps of the Army. (b) An officer of the medical corps of the U.S. Navy. (c) An officer in the U.S. Air Force designated as a medical officer in accordance with Title 10, United States Code, section 101. c. 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. d. 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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), in effect at the time, contained 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 2nd Battalion, 501st Infantry Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970. 4. Department of the Army General Orders Number 8, dated 19 March 1974, confirmed 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015267 2 1