IN THE CASE OF: BOARD DATE: 15 October 2020 DOCKET NUMBER: AR20200001802 APPLICANT REQUESTS: reconsideration of his previous request for award of the: * Purple Heart * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 18 November 2019 * Purple Heart Certificate, dated 6 May 1966 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 April 1968 * Headquarters, 6th Infantry Division and Fort Campbell, Fort Campbell, General Orders Number 104, page 1, dated 19 April 1968 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080011395 on 10 October 2008. 2. The applicant states: a. He was issued the Purple Heart and Combat Infantryman Badge. b. He was in Vietnam putting his life on the line and he deserves to have both awards which are missing on his DD Form 214. 3. The applicant provided new documentary evidence and new arguments that were not previously considered by the Board that warrant consideration at this time. 4. 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 without Board action to show: * two bronze service stars to his previously-issued Vietnam Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 5. The Board will consider his request for award the Purple Heart and the Combat Infantryman Badge. 6. On 14 April 1965, the applicant enlisted in the Regular Army. 7. Headquarters, 3d Training Brigade-Infantry, U.S. Army Training Command Infantry, Fort Gordon, Special Orders Number 110, dated 26 July 1965, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 8. He served in the Republic of Vietnam from 23 January 1966 to 18 November 1966 and he participated in two campaigns. While in Vietnam, he was assigned to Company A, 1st Battalion, 503d Airborne Infantry. 9. He provided a copy of his Purple Heart Certificate, dated 21 August 1966, which shows he was awarded the Purple Heart for wounds received in action on the same date. 10. His Standard Form 88 (Report of Medical Examination), dated 9 February 1968, shows, in part, in: a. Clinical Evaluation Notes – Scar on upper part of chest (2 inches). b. item 73 (Notes (Continued) and Significant or Interval History – no entries. c. item 74 (Summary of Defects and Diagnoses) – no entries. d. item 75 (Recommendation-Further Specialist Examinations Indicated (Specify)) – no entries. 11. His Standard Form 89 (Report of Medical History), dated 9 February 1968, shows, in part, in: a. item 20 (Have you or have you now (Place check at the end of each item)) – he marked "Yes" for "eye trouble" and "nose or throat trouble." b. item 21 (Have you ever (Check each item)) – he marked "worn glasses-contact lenses." c. item 24 (Physician's Summary and Elaboration of all Pertinent Data) – handwritten entries "eye glasses-vision, (illegible)." 12. His 3rd Army Area Form (Statement of Medical Condition), dated 11 April 1968, shows he indicated there had been no change in his medical condition since his last medical examination on 8 April 1968. 13. His DA Form 20 (Enlisted Qualification Record) shows, in part, in: a. item 22 (Military Occupational Specialties (MOS)) – * Secondary MOS, 11B2O, Light Weapons Infantryman, 27 August 1965 * Primary MOS, 91B2O, Medical Specialist, 27 October 1967 b. item 38 (Record of Assignments) – (1) MOS 56A1O, Stevedore, Headquarters, Supply Command, Saigon, from 23 January 1966 to 16 June 1966 and (2) MOS 11B2P, Automatic Rifleman, Company A, 1st Battalion, 503d Airborne Infantry, from 17 June 1966 to 17 November 1966. c. item 40 (Wounds) – no entries. d. item 41 (Awards and Decorations) – * Parachutist Badge * Vietnam Service Medal * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * overseas service bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) 14. On 17 April 1968, he was honorably released from active duty. His DD Form 214 shows in: a. item 23a (Specialty Number and Title) – 91B2O, Medical Specialist; b. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar 15. On 9 October 2008 and in ABCMR Docket Number AR20080011395, the ABCMR denied his request for award of the Purple Heart and the Combat Infantryman Badge. The Board found there was no evidence of record showing that he was wounded or treated for wounds as a result of hostile action in Vietnam or he was personally present and participated in active ground combat during his service in Vietnam. 16. His 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. 17. 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 and the Combat Infantryman Badge pertaining to the applicant. 18. His records are void of a recommendation or orders for award of the Purple Heart or the Combat Infantryman Badge. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board accepted the Purple Heart Certificate provided by the applicant as sufficient evidence to confirm he was awarded the Purple Heart by proper authority. The Board determined the Purple Heart should be added to his DD Form 214. 3. At the time the applicant was wounded in August 1966, he was an infantryman serving in an infantry unit. The Board agreed that his wounding is evidence of his active participation in ground combat. As such, the Board found the applicant met the criteria for award of the Combat Infantryman Badge. The Board determined the applicant should be awarded the Combat Infantryman Badge and it should be added to his DD Form 214. 4. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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: * awarding him the Combat Infantryman Badge effective 21 August 1966 * adding the Purple Heart and Combat Infantryman Badge to his DD Form 214 * making the corrections described in Administrative Note(s) below 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 authorized the following awards not listed on his DD Form 214: * two bronze service stars to his previously-issued Vietnam Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. 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. To qualify for award of the Purple Heart the wound must have been of such severity that it required treatment, not merely examination, by a medical officer. A wound is defined as an injury to any part of the body from an outside force or agent. 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 – MOS 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 emplaced trap, mine or other improvised explosive device. (3) Injury caused by chemical, biological, or nuclear agent released by the enemy. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Smoke inhalation injuries from enemy actions that result in burns to the respiratory tract. (6) Concussions (and/or mild traumatic brain injury (mTBI)) caused as a result of enemy-generated explosions that result in 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) Exposure to chemical, biological, or nuclear agents not directly released by the enemy. (6) Battle fatigue, neuro-psychosis and post-traumatic stress disorders. (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) First degree burns. (11) Airborne (for example, parachute/jump) injuries not caused by enemy action. (12) Hearing loss and tinnitus (for example: ringing in the ears, ruptured tympanic membrane). (13) mTBI that does not 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 or lacerations (unless of a severity requiring treatment by a medical officer). (15) Bruises or contusions (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). e. 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. f. The Combat Infantryman Badge is awarded to infantry or special forces officers and enlisted and warrant officer persons who have an infantry or special forces military occupational specialties. They must have served in active ground combat while assigned or attached to an infantry, ranger, or special forces unit of brigade, regimental, or smaller size. Specifically, a recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. For example, personnel possessing an infantry military occupational specialties in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the Combat Infantryman Badge. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. Personnel with other than an infantry or special forces military occupational specialties are not eligible, regardless of the circumstances. g. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 4. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) prescribed policies, responsibilities, and criteria in order to insure prompt and proper recognition of individuals. It provided for award of the CIB during the Vietnam era. Appendix V stated the CIB was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman). 5. 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, 503d Infantry (Airborne), was awarded the: a. Meritorious Unit Commendation for the period 5 May 1965 to 4 May 1967 by Department of the Army General Orders Number 48, dated 1968; and b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Orders Number 51, dated 1971. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001802 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1