ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2020 DOCKET NUMBER: AR20190015393 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 (3rd Award). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * three DD Forms 149 (Application for Correction of Military Record), dated 13 September 2019 * DD Form 214 for the period ending 31 August 1967 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. 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. In January 1945, he was assigned to B Troop, 1st Squad, 1st Cavalry in Okinawa, Japan. He was hit in the right leg by a shell. He suffered a flesh wound from his right foot up to his knee. He was taken to the hospital where his injury was repaired and he was returned to duty. b. On 18 July 1952, he was assigned to K Company, 23rd Infantry, 2nd Infantry Division in Korea. He stepped on a mine with his left foot and he spent three days in the Mobile Army Surgical Hospital. He currently has shrapnel fragments in his right leg and under his right knee cap. c. On or about July 1964, he was assigned to the Military Assistance Command in Vietnam as an Advisor to the 2nd Army. While assisting one of his men to the hospital truck for transport, he slipped in the mud and hit his shoulder on a wall. He continued to help the man get to safety with the hurt shoulder. He found out later that his shoulder was broken, and he was treated at the hospital on site. d. His records pertaining to all of his Purple Hearts have been destroyed in the National Personnel Records Center fire. 3. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 for the period ending 31 August 1967 without Board action to show his authorized awards. His DD Form 214 will be administratively corrected to show the following: * Bronze Star Medal (2nd Award) with "V" Device (instead of Bronze Star Medal) * Army Commendation Medal (2nd Award) (instead of Army Commendation Medal) * Army of Occupation Medal with Japan Clasp * Korean Service Medal with three bronze service stars * Vietnam Service Medal with one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * United Nations Service Medal 4. The Board will consider his request for award of the Purple Heart (3rd Award). 5. On 3 January 1947, the applicant enlisted in the Regular Army. 6. He completed training and he was awarded military occupational specialty (MOS) 4745 (Light Weapons Infantryman). 7. On 19 December 1949, he was honorably discharged. His War Department Adjutant General's Office (WD AGO) Form 53 (Enlisted Record and Report of Separation Honorable Discharge) shows in: a. item 6 (Organization) – Headquarters Company, 2nd Armored Division, b. item 31 (Military Qualification and Date) – Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), c. item 32 (Battles and Campaigns) – "None," d. item 33 (Decorations and Citations) – Army of Occupation Medal, e. item 34 (Wounds Received in Action) – "None," f. item 36 (Service Outside Continental U.S. and Return) – he departed the U.S. on 11 June 1947 and arrived in Japan on 26 June 1947; he departed Japan on 28 May 1949 and arrived the U.S. on 7 June 1949. 8. His records contain a WD AGO Form 100 (Separation Qualification Record) which shows his MOS as a Light Weapons Infantryman (4745); his job description consisted of loading, aiming and firing a rifle to destroy enemy personnel and to assist in capturing and holding enemy positions. There is no evidence of wounds sustained or award of the Purple Heart. 9. On 19 January 1956, the applicant enlisted in the Regular Army. 10. On 29 October 1961, he was honorably discharged for immediate reenlistment. His DD Form 214 for this period shows he completed 5 years, 9 months, and 11 days of net service and in: a. item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * Expert Marksmanship Qualification Badge with Rifle Bar (M-1) * Letter of Commendation * Army Good Conduct Medal (3rd Award) b. item 27 (Wounds Received as a Result of Action with Enemy Forces) – "None." 11. On 30 October 1961, the applicant reenlisted in the Regular Army. 12. His records contain Headquarters, United States Military Assistance Command, Vietnam, General Orders Number 645, dated 6 April 1965, which show, in part: a. He was awarded the Bronze Star Medal (2nd Award) with "V" device, for heroism in connection with military operations against a hostile force. b. On 6 February 1964, he was serving as a light infantry advisor to the 1st Battalion, 31st Regiment, 21st Infantry Division, Army of the Republic of Vietnam. c. During an attack by a superior Viet Cong force the applicant exposed himself to intense enemy fire. In the midst of the battle the applicant saw a wounded man in an area subject to intense enemy fire and without regard for his own personal safety, carried him to safety. d. After obtaining medical assistance the applicant exposed himself again to enemy fire to recover additional casualties. e. When the Viet Cong advanced to within 10 meters of his position, the applicant returned the fire and encouraged the troops to vigorously attack the insurgent positions, forcing them to withdraw. 13. On 31 August 1967, he was placed on the Retired List. His DD Form 214 for this period shows he completed 5 years, 10 months, and 1 day of net service and he had 20 years, 7 months, and 21 days of total service. He was awarded or authorized the: * Combat Infantryman Badge (2nd Award) * Army Commendation Medal * Bronze Star Medal * Army Good Conduct Medal (5th Award) * National Defense Service Medal (2nd Award) * Republic of Vietnam Campaign Medal with Device (1960) 14. His records contain Headquarters, United States Army Training Center, Infantry and Fort Polk, General Orders Number 38, dated 26 February 1968, which show he was awarded the Army Commendation Medal (2nd Award) for meritorious service from 22 October 1966 to 15 August 1967. 15. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Overseas Service) – * service in United States Army Europe, Italy, from 15 September 1950 to 15 March 1952 * service in United States Armed Forces Far East, Korea, from 10 April 1952 to 26 January 1953 * service in United States Army, Alaska, from 16 June 1956 to 10 July 1959 * service in United States Armed Forces East, Vietnam, from 21 December 1963 to 8 December 1964 b. item 38 (Record of Assignments), in part – * Company I, 351st Infantry Regiment, Army Post Office (APO) 209, for the period 15 August 1950 to 13 March 1952 * Company K, 23rd Infantry Regiment, 2nd Infantry Division, APO 248, for the period 14 March 1952 to 31 March 1953 * United States Military Assistance Command (United States Department of Defense 5891) Vietnam, APO 143, for the period 23 December 1963 to 15 January 1965 c. item 40 (Wounds) – "None," d. item 41 (Awards, Decorations and Campaigns) * United Nations Service Medal * Korean Service Medal * Korean War Service Medal * Combat Infantryman Badge (2nd Award) * Army Good Conduct Medal (4th Award) * Bronze Star Medal * Army Commendation Medal * National Defense Service Medal (2nd Award) 16. Army Regulation 600-8-22 (Military Awards), Appendix B, shows 23rd Infantry Regiment, 2nd Infantry Division, participated in the Second Korean Winter, Korea Summer-Fall 1952, and Third Korean Winter campaign during the period of the applicant's assignment to the unit. 17. The applicant's name is not listed on the Vietnam Casualty Roster. 18. 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. 19. The applicant's available records are void of any medical evidence indicating he was wounded by enemy action. BOARD DISCUSSION: 1. The Board noted that award of the Purple Heart requires documentation confirming a Soldier was wounded as a result of hostile action. The wound must have required treatment by a medical officer, and the treatment must have been documented in the Soldier's record. The Board found insufficient evidence to confirm the applicant incurred wounds that met the criteria for award of the Purple Heart and determined the award should not be added to his record at this time. 2. The Board concurred with the corrections addressed in Administrative Note(s) below. 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: Other than the corrections addressed in Administrative Note(s) below, 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 not listed on his DD Form 214 for the period ending 31 August 1967: * Bronze Star Medal (2nd Award) with "V" Device (instead of Bronze Star Medal) * Army Commendation Medal (2nd Award) instead of Army Commendation Medal * Army of Occupation Medal with Japan Clasp * Korean Service Medal with three bronze service stars * Vietnam Service Medal with one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * United Nations Service Medal 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 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. e. The Korean War Service Medal is awarded to service members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service prescribed must have been performed as follows: while on permanent assignment, while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive day or 60 nonconsecutive days, or while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations. f. 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 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. Instructions for item 24, stated to enter from item 21, DA Form 66 (Officer Qualification Record), or section 9, DA Form 20 (Enlisted Qualification Record), all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015393 7 1