IN THE CASE OF: BOARD DATE: 4 November 2021 DOCKET NUMBER: AR20210012157 APPLICANT REQUESTS: on behalf of the Former Service Member (FSM), correction of his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge), dated 22 October 1969, to reflect: * the Purple Heart (First Oak Leaf Cluster) * the Bronze Star Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Western Union Telegrams * DD Form 214, dated 22 October 1969 * Certificate of Marriage Registration, dated 29 November 1978 * Certificate of Death dated 14 December 2020 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. On behalf of the FSM, the applicant requests correction of the FSM's DD Form 214 to reflect award of the Purple Heart (First Oak Leaf Cluster) for wounds received on 23 February 1969 and 8 March 1969 while serving in the Republic of Vietnam. The applicant also states that the FSM should have been awarded the Bronze Star Medal for actions against an opposing force, but it is not reflected on his DD Form 214. 3. A review of the FSM's available service records reflects the following: a. On 4 March 1968, the FSM was inducted into the Army of the United States. b. On or about 31 July 1968, the FSM was reassigned to the Republic of Vietnam to serve as an 11C (Infantry Individual Fire Crewman). He served with the following units: * C Company, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division * E Company, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division c. On 23 February 1969, the FSM sustained fragment wounds to his back and shoulders. d. On 7 March 1969, the FSM sustained bilateral hand fractures/wounds resulting from the deployment of a hostile forces rocket. e. On 14 March 1969, the FSM received medical care for the wounds received on 7 March 1969 at the 249th General Hospital. f. On 19 March 1969, the FSM was transferred to a hospital in Fort Devens, Massachusetts. Item 25 (Selected Administrative Data) of a DA Form 8-275-2 (Clinical Record Cover Sheet) reflects that the Purple Heart was not awarded at the 249th General Hospital. g. On 22 October 1969, the FSM was released from the Army and transferred into the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 reflects the following awards: * Air Medal * Purple Heart * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) h. The FSM's record is void of orders awarding him the Bronze Star Medal. 4. The applicant provides the following a: a. Western Union Telegram, dated 24 February 1969, reflective of the FSM's parents being notified about the fragment wounds that the FSM sustained to his back and both shoulders on 23 February 1969, as a result of a hostile action. The document further provides that the FSM was at an aircraft landing zone when he came under mortar attack by a hostile force. He was treated and returned to duty. b. Western Union Telegram (undated), reflective of the FSM's parents being notified about the fragment wounds that the FSM sustained to his right hand and cheek on 8 March 1969, while under attack by a hostile force at an aircraft landing zone. c. Certificate of Marriage Registration, dated 29 November 1978, reflective of the applicant and the FSM being married on at d. e. Certificate of Death, dated, reflective of the passing of the FSM on. 5. A review of the Vietnam Casualty Roster reflects that the FSM was injured on 23 February 1969 by artillery/mortar. His injuries did not require hospitalization. On 8 March 1969 the FSM was again injured by other weapons (including cutting instruments, piercing instruments, blunt instruments etc.). His sustained injuries required hospitalization. 6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart (First Oak Leaf Cluster) or the Bronze Star Medal. 7. Prior to his passing, the FSM was notified by the U.S. Army Reserve Personnel Center that the Bronze Star Medal being authorized to individuals based on their previous award of the Combat Infantryman Badge applied to infantryman who served during World War II. Since his records did not reflect service during this period, he was not authorized the Bronze Star Medal based upon this criterion. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found partial relief is warranted. 2. The Board found the evidence clearly shows the FSM was wounded as a result of hostile action on two separate occasions and he is thereby entitled to two awards of the Purple Heart. 3. The Board found no evidence indicating the FSM was recommended for and awarded the Bronze Star Medal by proper authority. In the absence of additional documentation, such as orders announcing award of the Bronze Star Medal to him or documentation indicating orders were published, the Board determined the available evidence is insufficient as a basis for adding the Bronze Star Medal to the FSM's DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart (1st Oak Leaf Cluster) for wounds incurred as a result of hostile action on 7 March 1969 and by adding the Purple Heart (1st Oak Leaf Cluster) to his DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Bronze Star Medal. 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. 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) 672-5-1 (Awards) in effect at that time provided that the: a. Purple Heart was established by General George Washington at Newburgh, N.Y., on 7 August 1782 and revived by the President as announced in War Department General Orders 3, 22 February 1932, as amended by Executive Order 11016, 25 April 1962, is awarded in the name of the President of the United States, to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services after 5 April 1917, has been wounded, killed, or who has died or may hereafter die after being wounded in any action against the enemy, with an opposing armed force of a foreign company, a result of an act of any such enemy or as the result of an act of any hostile foreign force. Subsequent award of the Purple Heart will be identified by an Oak Leaf Cluster. b. Bronze Star Medal was established by Executive Order 9419, is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, shall have distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. Awards may be made for acts of heroism, performed under circumstances described above, which are of lesser degree than required for the award of the Silver Star. Documents executed since 4 August 1944 in connection with recommendations for the award of decorations of higher degree than the Bronze Star Medal will not be used as the basis for an award under these provisions. 3. AR 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, USC, 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. b. 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 – military occupational specialty 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, USC, 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-placed trap or mine. (3) Injury caused by enemy-released chemical, biological, or nuclear agent. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. d. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: (1) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. (2) Abrasions and lacerations (unless of a severity to be incapacitating). (3) Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer). e. Subsequent award of the Purple Heart will be identified by an Oak Leaf Cluster. 4. AR 635-5 (Separation Documents) provides that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) will contain all awards authorized or awarded during all periods of service as reflected on DA Form 20 (Enlisted Qualification Record). 5. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210012157 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1