IN THE CASE OF: BOARD DATE: 28 October 2020 DOCKET NUMBER: AR20200002725 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Standard Form (SF) 600 (Chronological Record of Medical Care) * Letter from the National Personnel Records Center (NPRC), dated 26 December 2019 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 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 the aid station was a big tent with limited personnel. They did not do very much paperwork (especially at 2 am when it happened). There were only two personnel on duty; a doctor and a medic. At the time it was not important, but with time and age it is very important. He was on guard duty and it was around 2 am when they started getting mortar rounds. He fell from the top of the guard tower and caught his left ring finger on an engineering stake and almost ripped his finger off. He went to the aid station and they washed the blood and mud off and received stitches. 3. The applicant provides: a. SF 600, dated between 6 December 1967 and 4 September 1969, which shows: * 6 December 1967: cold * 1 September 1968: wedding ring caught as he jumped and caught the left 4th finger * 2 September 1968: aid station laceration on left ring finger (1 day ago) * 4 September 1969: deep laceration on left ring finger (3 days ago) b. A letter from NPRC, dated 26 December 2019, which states they enclosed the applicant’s medical records. 4. A review of the applicant’s service records show: a. He was inducted into the Army of the United States on 21 August 1967. b. He served in Vietnam from 9 February 1968 to 25 March 1969. He was assigned to Service Battery, 6th Battalion, 14th Artillery. c. On 25 March 1969, he was honorably released from active duty. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as amended by his DD Form 215 (Correction to DD Form 214) shows he completed 1 year, 7 months, and 5 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Good Conduct Medal * Vietnam Campaign Medal * Vietnam Service Medal with one silver star * Army Commendation Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * 2 overseas service bars * Meritorious Service Medal 5. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders (and some special orders) issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. Additionally, his name does not appear on the Vietnam Casualty Roster. 6. His record is void of documentation showing an entry in item 40 on his DA Form 20 (Enlisted Qualification Record). Additionally his record does not contain a Western Union telegram notifying his next of kin he was wounded during combat. 7. By regulation, the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record. The Purple Heart is also awarded to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. BOARD DISCUSSION: Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the request. 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. 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. 2. Prior to closing the case, however, the Board noted the administrative note below from the analyst of record and recommended that change be completed to more accurately reflect the military service of the applicant. 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 records show his DD Form 214 contained administrative errors and/or omitted administrative entries. As a result, amend the DD Form 214 by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 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 Army Board for Correction of Military Records (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 military decorations. It states the Purple Heart is awarded in the name of the President of the United States and is limited to members of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed services after 5 April 1917, have been wounded, were killed, or who have died or may hereafter die of wounds received under some of the following circumstances; * In any action against an enemy of the United States * In any action with an opposing armed force of a foreign country in which the Armed Forces of the U.S. are or have been engaged * While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party. * As the result of an act of any such enemy of opposing Armed Forces * As the result of an act of any hostile foreign force 3. Department of the Army General Orders Number 8, dated 1974, announced 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 * 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) AR20200002725 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1