ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 November 2020 DOCKET NUMBER: AR20200000193 APPLICANT REQUESTS: reconsideration for award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 15 July 2019 * Personal statement, dated 15 July 2019 * General Orders, dated October * 2 photographs undated * DD Form 214 * VA Form 21-4138, 25 February 2010 * North Side Family Practice Results, 14 April 2014 * Department of Veterans Affairs Summary of Benefits, 1 December 2014 * VISTA Electronic Medical Documentation, period covering 28 February 2014 to 22 February 2017 * Battle Creek Veterans Administration Medical Center, ROI Plus Request, 15 October 2018 * Army Review Boards Agency, Congressional Liaison and Inquiries letter, dated 21 October 2019 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR201000 on November. 2. The applicant states the Purple Heart should be added to his DD Form 214 for wounds received on 11 October 1970 while serving in Vietnam. He believes the error is from the lack of clerical paperwork follow up by his company/battalion clerk due to the conditions described in attached letter. After 49 years, he believes it is right to correct this oversight. 3. Counsel states: a. The applicant was combat wounded by shrapnel from two direct hits by rocket propelled grenades (RPG) in the armored personnel carrier (APC) he was riding in with four others. All were wounded and one was killed. b. The applicant was not medically evacuated (MEDEVAC) due to the capacity of the only MEDEVAC helicopter transporting three priority wounded and one killed in action. In addition, they were still engaged with the insurgents. His wounds were treated at the Battalion Aid Bunker late that night. The shrapnel was removed and the wounds to his arm, hand and buttocks were debrided. c. The lack of clerical paperwork follow-up from the Aid Station or Company Clerk, instead of a Surgical Hospital, along with the late hour of treatment, resulted in the oversight. d. The following are submitted as evidence of his wounding: (1) Statements of support of claim by T E and M B are attached to their orders for the award of the Purple Heart dated 20 October 1970 (2) Indication of shrapnel wounds, some active, by the Department of Veterans Affairs (VA), North Side Family Practice, and Mid-Michigan Imaging Center (3) Photographs of the APC showing the RPG damage (4) Current DD Form 214 showing service in Vietnam and combat experience with the award of the Combat Infantryman Badge (5) VA Summary of Benefits letter 4. The applicant’s service record shows: a. On 29 January 1970, he was inducted into the Regular Army of the United States. b. From 8 July 1970 to 3 July 1971, he served in Vietnam, as an infantryman, and he participated in three campaigns while assigned to Company B, 1st Battalion, 61st Infantry Brigade, 5th Infantry Division. c. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service ribbons * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Grenade Bar d. On 7 October 1971, he was honorably released from active duty. His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * two overseas service ribbons * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Grenade Bar 5. The applicant provides: a. General Orders, dated 22 October, published by Headquarters, 1st Infantry Brigade, 5th Infantry Division, that shows M B , T E and J K received an award [Purple Heart] for action on 11 October 1970 which the applicant states were with him when he received wounds on 11 October 1970 while serving in Vietnam. b. two photographs showing the APC with damage from the RPG. c. DD Form 214 showing service in Vietnam and combat experience with the award of the Combat Infantryman Badge. d. VA Form 21-4138, dated 25 February 2010, in which T E states on 11 October 1970, their squad, including the applicant was on patrol in an APC in Vietnam. The squad was part of 1st Infantry Brigade, 5th Infantry Division (Mech), Company B, 1st Battalion, 61st Infantry Brigade. The patrol was ambushed by the North Vietnamese and took direct hits from two RPG. The driver of the APU, P H was killed during the attack. Everyone else was injured. He suffered shrapnel wounds, as did the applicant. A MEDEVAC helicopter was radioed to transport them to Quantri Fire Base for treatment. Despite his injures, the applicant stayed at the site of the ambush with their Lieutenant since he saw the general location of the ambush. General Orders Number 1918, dated 22 October 1970, shows he was awarded the Purple Heart, along with M E . R L was wounded and on the MEDEVAC helicopter, but is not listed on the attached orders. Although P H is not listed on the orders, his name can be found at the Vietnam Veterans Memorial at 7 West, Row 126. e. VA medical record extract from the Battle Creek VA Medical Center, Vista Electronic Medical Documentation, for period covering 28 February 2014 to February, shows his primary ICD-10 code as R69, Illness, unspecified, war injury due to fragments from shrapnel. d. North Side Family Practice Results, dated 14 April 2014, that shows he had a linear, radio-dense foreign body within the soft tissue adjacent to the pubic symphysis with mild degenerative changes of the sacroiliac and both hip joints. e. VA Form 21-4138, dated 21 May 2014, in which M B states on 11 October 1970, the applicant was wounded while on patrol with 3rd Platoon, Company B, 1st Battalion, 61st Infantry Brigade. He also received shrapnel wounds and was MEDEVAC to Quang Tri hospital along with T E . The driver, P H was killed when two RPG hit their APU. f. Department of Veterans Affairs Summary of Benefits, dated 1 December 2014, shows he has a permanent, service-connected disability and receives a disability rating of 90 percent. g. Problem Lists, dated 15 October 2018 which show war injury due to fragments from shrapnel. h. On 21 October 2019, the Army Review Board Agency, Congressional Liaison and Inquiries provided guidance to the applicant to initiate a review of his military records. 6. A review of the Awards and Decorations Computers-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resource Command, failed to reveal orders for award of the Purple Heart pertaining to the applicant. 7. See References bloew. BOARD DISCUSSION: 1. After reviewing the application and all supporting evidence, aside from the Administrative Notes by the analyst of record (below the signature) the Board determined that there was insufficient evidence to award the applicant the Purple Heart Medal (grant relief) or to amend the prior ABCMR decision promulgated in Docket Number AR201000 on November However, as the Board reviewed the evidentiary record, it determined that the applicant’s record warrants awarding the applicant the Army Good Conduct Medal (AGCM). 2. Regarding the applicant’s request for the Purple Heart Medal, the Board acknowledges and is grateful for the applicant’s service in Vietnam from 8 July 1970 to 3 July 1971. Regrettably, the Board determined that no contemporaneous documentation or supporting statements were provided or found within the record showing the applicant received a wound while in direct combat with the enemy or was treated by military medical personnel at the time. Therefore the applicant did not meet the regulatory requirements for award of the Purple Heart. 3. Regarding the AGCM, the Board noted that the applicant served honorably during his enlistments and should be awarded the AGCM. The applicant received an honorable discharge and a Combat Infantryman Badge during his time in service. 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: 1. Aside from the Administrative Notes (below the signature), the evidence presented does not demonstrate the existence of a probable error or injustice regarding the applicant’s request for a Purple Heart or to amend the ABCMR decision promulgated in Docket Number AR201000 on November. Therefore, the Board determined the overall merits of this case are insufficient as a basis to add the Purple Heart Medal. 2. However, the Board recommends adding the AGCM to the applicant’s DD Form 214, dated 7 October 1971. 3/23/2021 X Stephen D. Austin CHAIRPERSON Signed by: AUSTIN.STEPHEN.DALE.1163486381 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. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 for the period ending 7 October 1971 by: a. deleting the Vietnam Service Medal and b. adding the following awards: * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. A review of the records and references listed below is sufficient to substantiate correction of the applicant's DD Form 214 without Board action: * DA Form 20 (Enlisted Qualification Record) * DD Form 214 * Department of the Army General Orders (DAGO), dated June * DAGO Number, dated November * Army Regulation 600-8-22 3. Correct the applicant’s DD Form 214 to add the awards shown in paragraph 1 above. Provide the applicant with a copy of the corrections and the medals and citations, as applicable. Please record the corrections in the applicant’s official military personnel record. 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 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) provides Army policy, criteria, and administrative instructions concerning individual and unit military awards. A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. A silver service star is authorized in lieu of five bronze service stars. 3. The Army Regulation 672-5-1 (Awards), in effect at the time, provided that 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 records of medical treatment for wounds or injuries received in action must have been made a matter of official record. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained under enemy, opposing armed force, or hostile foreign action. A physical lesion is not required, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign action. 4. DAGO Number dated June, announced award of the • Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to 1st Battalion, 61st Infantry Brigade during the period 30-31 October 1970. 5. DAGO Number, dated November, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 1st Battalion, 61st Infantry Brigade during the period 8 February 1971 to 30 April 1971. //NOTHING FOLLOWS//