IN THE CASE OF: BOARD DATE: 25 January 2022 DOCKET NUMBER: AR20210013821 APPLICANT REQUESTS: * award of the Purple Heart * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 December 1970 to show award of the Purple Heart and Army Commendation Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 never received his Honorable Discharge Certificate or medals. He received a stab wound in the field and his wound was stitched up by his squad sergeant. 3. He was inducted into the Army of the United States on 22 May 1969. 4. Headquarters, 18th Engineer Brigade, General Orders 1022, 12 November 1970, awarded him the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period December 1969 to December 1970. 5. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – overseas tour credit for service in U.S. Army Pacific- Vietnam from 7 December 1969 through 30 December 1970 * item 38 (Record of Assignments) – 15th Engineer Company (Light Equipment), U.S. Army Pacific, from 19 December 1969 through 28 November 1970 * item 40 (Wounds) – No Entry * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * two overseas service bars 8. During his service in Vietnam from 19 December 1969 through 28 November 1970, he participated in the following campaigns: * Vietnam Winter-Spring 1970 – 1 November 1969 to 30 April 1970 * Sanctuary Counteroffensive 1970 – 1 May 1970 to 30 June 1970 * Vietnam Counteroffensive Phase VI – 1 July 1970 to 30 June 1971 9. In item 73 (Notes) of his Standard Form 88 (Report of Medical Examination), 30 November 1970, he noted: "Since my last physical my condition has not changed. My condition is excellent." The examining physician assistant noted no medical defects or diagnoses and determined he was qualified for separation. 10. He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 1 December 1970. His DD Form 214 shows in: * item 22a(1) (Net Service This Period) – 1 year, 6 months, and 5 days * item 22c (Foreign and/or Sea Service) – 11 months and 25 days * 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) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * two overseas service bars * item 30 (Remarks) – Vietnam Service 7 December 1969 through 30 November 1970 11. Headquarters, Department of the Army, General Orders Number 6, 25 February 1974, confirmed award of the Republic of Vietnam Civil Actions Medal First Class Unit Citation to the 15th Engineer Company for service from 3 May 1970 to 30 April 1971. 12. Department of the Army General Orders Number 8, 19 March 1974, confirmed 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 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 13. 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. 14. 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 Awards and Decorations Branch failed to reveal orders awarding him the Purple Heart. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The applicant’s contentions, his military records, and regulatory guidance were carefully considered. While the Board agreed with the administrative corrections, the Board found insufficient evidence to support award of the Purple Heart. There is no evidence of a wound/injury as a result of hostile action or treatment of an injury/wound resulting from hostile action. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. 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 is authorized administrative correction of his DD Form 214 for the period ending 1 December 1970 to show the following awards without Board action: * Army Commendation Medal * three bronze service stars with his already-awarded Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation REFERENCES: 1. Title 10, U.S. 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 672-5-1 (Military Awards), 8 April 1968, stated the primary purpose of the awards program is to provide tangible evidence of public recognition for acts of valor and for exceptional service or achievement. It provided that the Purple Heart is awarded to any member of the Armed Forces who has been wounded, or killed, or who has died or may hereafter die after being wounded 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 a result of an act of any such enemy of opposing armed forces; or as the result of an act of any hostile foreign force. a. For the purpose of considering an award of this decoration, a "wound" was defined as an injury to any part of the body from an outside force or agent sustained as a result of action against an enemy. A physical lesion was not required, provided the concussion or other form of injury was directly due to enemy, opposing armed force, or hostile foreign force action. b. It was not intended that such a strict interpretation of requirement for the wound/injury to be caused by direct result of hostile action be taken which would preclude the award being made to deserving personnel. For example: In a case such as an individual injured while making a parachute landing from an aircraft that had been brought down by enemy fire or an individual injured as a result of a vehicle accident caused by enemy fire, the decision will be made in favor of the individual and the award will be made. c. A wound for which the award was made 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. 3. Army Regulation 600-8-22 (Military Awards), currently in effect, prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded to members of the Armed Forces 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, have been wounded, were killed, or who have died or may hereafter die of wounds received as the result of an act of any hostile foreign force. (1) A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed below. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. (2) When contemplating eligibility for the Purple Heart, the two critical factors commanders must consider is the degree to which the enemy or hostile force caused the wound, and was the wound so severe that it required treatment by a medical officer. (3) Each approved award of the Purple Heart must exhibit all the following factors: * wound, injury, or death must have been the result of enemy or hostile act, international terrorist attack, or friendly fire * the wound or injury must have required treatment by medical officials * the records of medical treatment must have been made a matter of official Army records b. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. 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. 4. Army Regulation 600-200 (Enlisted Personnel Management System), 24 March 1965, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. The date the wound or injury occurred would also be entered in item 40. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013821 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1