IN THE CASE OF: BOARD DATE: 25 October 2021 DOCKET NUMBER: AR20210010980 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 25 Mat 1969, to reflect he was awarded: * Purple Heart * Army Commendation Medal with Valor * Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4980-18 (The Army Commendation Medal Certificate) * Six pages of medical documents FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 he was awarded the Purple Heart and the two Army Commendation Medals which one was with valor. His DD Form 214 only reflects an Army Commendation Medal. He requests his DD Form 214 be corrected to reflect he was awarded the Purple Heart, Army Commendation Medal with Oak Leaf Cluster with one being with valor, as well as the Combat Infantryman Badge. He would like his records to be complete and accurate for his decedents to witness. 3. A review of the applicant's service record shows: a. The applicant was inducted into the Army of the United States (AUS) on 17 October 1967. b. DA Form 20 (Enlisted Qualification Record) shows: * Awarded military occupational specialty 11B (Light Weapons Infantryman) * Served in the Republic of Vietnam beginning 4 May 1968, the end date is not legible * Awarded: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Bronze Star Medal * Army Commendation Medal * Air Medal * Sustained fragment wounds to right shoulder and right elbow on 21 July 1968 * Assigned to A Company, 2nd Battalion (Airborne), 502nd Infantry Regiment on 3 May 1968 * Assigned to Headquarters and Headquarters Company (HHC), 1st Brigade, 101st Airborne Division on 25 October 1968 c. On 7 December 1967, Special Orders Number 341, issued by Headquarters (HQs), U.S. Army Training Center, Armor, the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). d. On 5 February 1968, Special Orders Number 031, issued by HQs, U.S. Army Training Center, Infantry and Fort Polk, the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). e. On 20 December 1968, General Orders Number 11013, issued by HQs, 101st Airborne Division, the applicant was awarded the Army Commendation Medal with "V" device for heroism in the Republic of Vietnam on 20 July 1968. f. On 18 January 1969, General Orders Number 533, issued by HQs, 101st Airborne Division, the applicant was awarded the Army Commendation Medal for meritorious achievement during the period of 1 July through 30 November 1968. g. On 13 March 1968, General Orders Number 2283, issued by HQs, 101st Airborne Division, the applicant was awarded the Bronze Star Medal. h. On 27 March 1969, General Orders Number 2779, issued by HQs, 101st Airborne Division, the applicant was awarded the Air Medal for action during the period of 11 through 25 December 1968. i. The applicant was honorably released from active duty on 25 May 1969 and assigned to the U.S. Army Reserve (USAR) Control Group (Annual Training). DD Form 214 shows the applicant completed 1-year, 7-months, and 9-days. It also shows he was awarded: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal * Air Medal * Bronze Star Medal j. On 24 October 1973, Letter Orders Number 09-1259413, the applicant was honorably discharged from the USAR effective 1 October 1973. k. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant. l. The applicant's name is shown on the Vietnam casualty listing (this is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart). The listing shows he was wounded in action on 20 July 1968 caused by a grenade, however, it also shows a secondary code of 23 (casualty code, wounded in action, not serious hospitalized). 4. The applicant provides: a. An application for Veterans Administration (VA) compensation of pension where the applicant stated he sustained a gunshot wound to the right shoulder. The remainder of the document is not legible. b. Report of Medical History documents completed by the applicant stating he sustained gunshot wounds in Vietnam. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was warranted. The applicant’s contentions, the military record and regulatory guidance were carefully considered. The Board noted that the applicant’s name is reflected on the Vietnam casualty listing. Based on the preponderance of evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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 amending his DD214 for the period ending 25 May 1969 the following: * Purple Heart * Combat Infantry Badge 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 May 25, 1969, by adding the following: a. Deleting the Army Commendation Medal b. Adding: * Army Commendation Medal (2nd Award), one with "V" Device * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Parachutist Badge 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * HQs, U.S. Army Training Center, Armor Special Orders Number 341 * HQs, U.S. Army Training Center, Infantry and Fort Polk Special Orders Number 031 * HQs, 101st Airborne Division General Orders Number 11013 * HQs, 101st Airborne Division General Orders Number 533 * DA Form 20 (Enlisted Qualification Record) 3. Please correct the applicant's DD Form 214 by adding the awards shown in paragraph 1 above. Provide the applicant a copy of the corrections, and as applicable the medal. Please ensure that the corrections are recorded in the applicant's official military personnel record. REFERENCES: 1. Title 10, USC, 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 (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards a. Paragraph 2-8 (Purple Heart), While clearly an individual decoration, the Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. 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: * 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 United States are or have been engaged * 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 * As the result of an act of any such enemy or opposing Armed Forces * As the result of an act of any hostile foreign force 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. * Treatment of the wound will be documented in the member's medical and/or health record * 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 * 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) are not physician extenders * A medical officer is defined as a physician with officer rank. The following are medical officers: * An officer of the medical corps of the Army * An officer of the medical corps of the U.S. Navy * An officer in the U.S. Air Force designated as a medical officer in accordance with Title 10, USC, section 101 Some examples of injuries which do not justify eligibility for the Purple Heart are as follows: * Abrasions or lacerations (unless of a severity requiring treatment by a medical officer) * Bruises or contusions (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth) b. Paragraph 8–6 (Combat Infantryman Badge), b. For award of the Combat Infantryman Badge a Soldier must meet the following three requirements: * Be an infantry Soldier satisfactorily performing infantry duties * Soldier must be an Army enlisted Soldier with an infantry MOS who has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or SF unit of either a brigade, regimental, or smaller size during any period such unit was engaged in active ground combat * Be assigned to an infantry unit during such time as the unit is engaged in active ground combat, recipient must be personally present and under hostile fire * Actively participate in such ground combat, campaign or battle credit alone is not sufficient for award of the CIB, authorized for award for Vietnam Conflict and other operations (2 March 1961 to 10 March 1995) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010980 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1