IN THE CASE OF: BOARD DATE: 11 August 2020 DOCKET NUMBER: AR20190015465 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 26 February 1971 to show a second award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders Number 2306, issued by Headquarters, 1st Cavalry Division (Airmobile), APO San Francisco, dated 13 February 1970 * Two - eye witness statements, dated 8 August 2019 and 13 September 2019 * Three medical documents 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 he was wounded on 7 February 1970 and received the Purple Heart. He was again wounded on his left thigh on 18 March 1970 due to a rocket explosion; however, was not awarded the Purple Heart for that injury. He includes eye- witness statements one of which is from the medic that put him on the Medivac. 3. The applicant enlisted in the Regular Army on 24 February 1969. He completed training and was initially awarded military occupational specialty 11B (Light Weapons Infantryman). 4. His DA Form 20 (Enlisted Qualification Record) reflects the following entries: a. Item 31 (Foreign Service) shows he served in the Republic of Vietnam from 3 August 1969 through 2 August 1970. b. Item 38 (Record of Assignments) shows he served in the following units during his service in the Republic of Vietnam: * Company D, 2d Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile) from 3 August 1969 to 6 April 1970 * Headquarters & Headquarters Company, 2d Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile) from 7 April 1970 to 2 August 1970 c. Item 40 (Wounds) shows the following entries: * Loss of hearing - L ear with a date of 7 February 1970 * FW (fragmentary wound) - L thigh with a date of 18 March 1970 d. Item 41 (Awards and Decorations) shows he was awarded the Purple Heart by General Orders Number 2306, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 13 February 1970. 5. The applicant was honorably released from active duty and transferred to the U.S. Army Reserve on 26 February 1971. His DD Form 214 shows he completed 2 years of total active service and was awarded or authorized the: * Bronze Star Medal * Purple Heart * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 6. The applicant provides: a. General Orders Number 2306, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 13 February 1920 showing he was awarded the Purple Heart in the Republic of Vietnam for wounds received in connection with military operations against a hostile force on 7 February 1970. His rank was private first class. b. An eye-witness statement, dated 8 September 2019 from his Team Leader indicating that the applicant was the M-60 Machine Gunner and was wounded in action against a hostile force on 17 March 1970 and was responsible for information regarding wounds received by his team. c. An affidavit, dated 13 September 2019 from an eye-witness, the medic, who states he placed the applicant on the Medivac after his injury. d. Three medical documents: (1) DD Form 728 (Doctor's Orders) showing several entries with one entry written as "Admit - FW" and a date of 18 March 1970. (2) Two Standard Forms 600 (Chronological Record of Medical Care), in effect, shows an entry dated 18 March 1970 indicating a "FW to the thigh" and removal of the fragment. Additional entries show follow up treatments and a return to duty in three days. His rank was specialist. 7. A review of the Vietnam casualty roster, published by the Adjutant General's Office and maintained by the U.S. Army Human Resources Command, shows an entry for the applicant indicating he was wounded in action, not serious and hospitalized for a battle wound as a result of "other weapon - fragmentary" on 18 March 1970. His rank was specialist. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the Purple Heart is awarded for wound(s) sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant full relief. 1. Regarding award of the Purple Heart Medal, the Board found the applicant’s statement, independent corroborating evidence, and medical documentation that he was wounded by hostile fire on 18 March 1970, to be sufficient evidence to award the Purple Heart medal. 2. While reviewing the applicant’s records, the Board determined that there is sufficient evidence to indicate that the applicant’s DD Form 214, ending 26 February 1971, is absent important information regarding the applicant’s service. The record indicates that the applicant is authorized badges and unit awards not reflected on his current discharge document. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds he received on 18 March 1970 in the Republic of Vietnam, and b. amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by deleting the: • Bronze Star Medal • Purple Heart • Vietnam Service Medal with 2 bronze service stars • Sharpshooter Marksmanship Qualification Badge with Rife Bar (M-16) c. amending his DD Form 214 by adding the: • Bronze Star Medal with "V" Device (3rd Award) • Purple Heart (2d Award) • Vietnam Service Medal with 4 bronze service stars • Valorous Unit Award (2d Award) • Republic of Vietnam Gallantry Cross with Palm Unit Citation • Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation • Expert Marksmanship Qualification Badge with Rifle Bar (M-16) • First Class Gunner Badge with Machine Gun Bar (M-60) 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 record shows he was authorized awards/decorations not listed on his DD Form 214 as well as corrections needed, based on general and special orders contained within his military record, and information and General orders listed in Department of the Army Pamphlet 672-3. * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * First Class Gunner Badge with Machine Gun Bar (M-60) * Bronze Star Medal (Second Oak Leaf Cluster) with "V" Device * Valorous Unit Award (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Vietnam Service Medal with four bronze service stars 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 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 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 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. b. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following four campaigns: * Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969) * 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) c. The Marksmanship Qualification Badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification should be shown as: Expert Marksmanship Qualification Badge with Rifle Bar. 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the units to which the applicant was assigned were cited for the: a. 2d Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile): * Valorous Unit Award, for service during the period 1 May 1970 - 29 June 1970, by Department of the Army General Orders (DAGO) Number 43, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period May 1969 - February 1970, by DAGO Number 11, amended DAGO Number 42, dated 1972 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 1 January 1969 - 1 February 1970, by DAGO Number 42, dated 1972 b. Headquarters & Headquarters Company, 2d Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile) the Valorous Unit Award, for service for the period 6 May 1969, by DAGO Number 39, dated 1970. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015465 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1