ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 April 2022 DOCKET NUMBER: AR20210014631 APPLICANT REQUESTS: * to be awarded the Purple Heart for injuries sustained during the Vietnam War * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge), dated 25 June 1970 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 in pertinent part that in 1968, he sustained injuries to his foot during a mortar attack that required treatment by the medical provider located on his base. He further states that the attending medical provider advised that he would submit the required paperwork for award of the Purple Heart. The applicant is unaware of the exact date of his sustained injury but he knows that it occurred during the Tet Offensive (1968). He argues that over the years he has tried to obtain copies of his medical records for that time period but he has been unsuccessful. He is currently rated by the Veterans Administration at being 100 percent disabled due to a Post-Traumatic Stress Disorder (PTSD). 3. A review of the applicant's available service records reflects the following: a. On 31 October 1967, the applicant enlisted in the Regular Army for 3 years to serve as a 67N (UH-1 Helicopter Repairman). b. On or about 2 April 1968, the applicant departed the U.S. enroute to the Republic of Vietnam. c. On or about 3 May 1968, the applicant was assigned to the 411th Transportation Company as an aircraft maintenance crewman. d. On or about 10 January 1969, the applicant was reassigned to the 176th Aviation Company. e. On or about 16 April 1969, the applicant was reassigned to the 330th Transportation Company. f. On or about 11 December 1969, the applicant departed the Republic of Vietnam enroute to the U.S. g. On 25 June 1970, the applicant was honorably released from active duty. DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) reflects: National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with 1960 Device and 3 Overseas Bars. 4. A 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. 5. The applicant's name is not 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. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain evidence of an injury sustained as a result of hostile action. No contemporaneous medical records exist to support an injury (as a result of hostile action) or treatment for such an injury. The applicant's personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action. This was a typical notification procedure for injuries at the time. 6. Army Regulation (AR) 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined there is no medical record showing the applicant received wounds caused by enemy forces that required treatment by medical personnel. However, during deliberation, the Board found the applicant's service record did not reflect he was awarded the AGCM and his record shows he received "excellent" conduct and efficiency ratings throughout his service. Therefore, partial relief was granted to correct the applicant’s record by awarding him the Army Good Conduct Medal. 2. 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. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 4. 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 : : : 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 adding the Army Good Conduct Medal (1st Award) for exemplary service from 31 October 1967 to 25 June 1970, and adding the award 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 award of the Purple Heart. 4/28/2022 X CHAIRPERSON 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 shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 25 June 1971. As a result, amend his DD Form 214 by adding: • RVN Gallantry Cross with Palm Unit Citation • Valorous Unit Award 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. 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 for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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. b. 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 above. 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. c. When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for award. d. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include PTSD, hearing loss and tinnitus, mild Traumatic Brain Injury (TBI) or concussions that do not either 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. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing Soldiers' eligibility for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. a. Paragraph 6d provides Department of the Army General Order (DAGO) Number (#) 8, dated in 1974, authorized the award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. b. Table 9 confirms that during the applicant's tenure of assignment in the RVN his unit (411th Transportation Company) earned the following awards. * RVN Gallantry Cross with Palm for period 27 March – 17 May 1968, by DAGO #46, dated 1969 * Valorous Unit Award 12 May 1968 DAGO #43, dated 1970 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS//