IN THE CASE OF: BOARD DATE: 25 October 2021 DOCKET NUMBER: AR20210011169 APPLICANT REQUESTS: correct his brother's (Former Service Member (FSM)), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 10 December 1969, to reflect he was awarded: * Purple Heart (3rd Award) * Army Commendation Medal with Valor APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * State Certificate of Death * DA Form 4980-10 (Purple Heart Certificate) for wounds on 16 October 1968 * Headquarters (HQs), II Field Force Vietnam General Orders Number 1420 * DA Form 4980-10 for wounds on 12 August 1969 * DA Form 4980-10 for wounds on 13 August 1969 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 the FSM received three Purple Hearts and the Army Commendation Medal with "V" Device for his service in Vietnam. The FSM's DD Form 214 only shows he was awarded two Purple Hearts and it only shows the Army Commendation Medal. 3. A review of the FSM's service record shows: a. The FSM was inducted into the Army of the United States (AUS) on 7 May 1968. b. The FSM's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period of 2 October 1968 through 22 September 1969. It also shows the FSM was awarded: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Vietnam Campaign Medal * Overseas Service Bar * Army Commendation Medal with "V" Device He was assigned to: * A Troop, 1st Squadron, 11th Armored Cavalry Regiment from on or about 5 Oct 1968 to on or about 16 February 1969 * HQ's and HQ's Troop, 1st Squadron, 11th Armored Cavalry Regiment from on or about 20 March 1969 to on or about 8 September 1969 It shows in item 40 (Wounds) the FSM sustained wounds: * Shrapnel to face and possible internal injury on 16 October 1968 * Shrapnel to the right leg on 12 August 1969 c. Casualty report message shows the FSM was wounded on 16 October 1968. He sustained a fragment wound to the face which was not serious. d. On 17 October 1968, a Western Union telegram was sent to the parents of the FSM notifying them he was slightly wounded in Vietnam on 16 October 1968 as a result of a hostile action. He sustained a fragment wound to his face when he was the driver of a military vehicle while on a reconnaissance mission when the vehicle struck a mine. The FSM was treated and hospitalized in Vietnam. e. On 8 June 1969, General Orders Number 1420, issued by HQs, II Field Force Vietnam, the FSM was awarded the Army Commendation Medal with "V" Device for heroism on 23 February 1969. f. Casualty report message shows the FSM was wounded on 12 August 1969. He sustained a fragment wound to the right leg which was not serious when he was the driver of a quarter ton truck on a reaction force that engaged a hostile force in a firefight. g. On 13 August 1969, a Western Union telegram was sent to the parents of the FSM notifying them he was slightly wounded in action in Vietnam on 12 August 1969 by a fragment while he was the driver of a military vehicle on a combat operation when a hostile force was encountered. The FSM sustained a wound to the right leg. He was treated and returned to duty. h. The FSM was honorably released from active duty on 10 December 1969. DD Form 214 shows the FSM completed 1-year, 7-months, and 4-days of active service. It also shows the FSM was awarded: * Combat Infantryman Badge * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal * Marksmanship Badge with Rifle Bar i. On 30 June 1978, Army Reserve Component Personnel Administration Center authorized the issuance of awards to the FSM: * Army Commendation Medal * Purple Heart * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with 4 bronze service stars * Combat Infantryman Badge * Letter "V" Device * Republic of Vietnam Campaign Ribbon with 1960 Device * Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars * Expert Marksmanship Qualification Badge with Auto Rifle Bar j. The FSM's medical records show that his was admitted for treatment on 21 September 1969 for a mortar fragment wound to his right knee that he sustained by hostile forces on 12 August 1969. The Purple Heart was awarded at the 12th Evacuation Hospital (order number not completely legible) dated 14 August 1969. The FSM was assigned to the hospital on 21 September 1969. He was placed on convalescent leave for 29 days on 24 September 1969. The FSM returned to the hospital on 23 October 1969 and follow on to the annex on 27 October 1969. He was transferred to the U.S. Army Separation and Transfer Point, Fort Knox, KY on 10 December 1969. 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 FSM. l. The FSM'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 16 October 1968 caused by a mine, however, it also shows a secondary code of 23 (casualty code, wounded in action, not serious hospitalized). The FSM was wounded in action on 12 August 1969 caused by other weapons, however, it also shows a secondary code of 24 (casualty code, wounded in action, not serious and not hospitalized). 4. The applicant provides: a. State of Michigan Certificate of Death that shows the FSM's date of death was 27 August 2020 and the applicant is identified as the brother of the decedent. b. DA Form 4980-10 shows the FSM was awarded the Purple Heart for wounds received in action on 16 October 1968 in the Republic of Vietnam which was awarded on 18 October 1969. c. DA Form 4980-10 shows the FSM was awarded the Purple Heart for wounds received in action on 12 August 1969 in the Republic of Vietnam while assigned to HQs and HQs Troop, 1st Squadron, 11th Armor Cavalry Regiment which was awarded on 18 September 1969. d. DA Form 4980-10 shows the FSM was awarded the Purple Heart (First Oak Leaf Cluster) for wounds received in action on 13 August 1969 which was awarded on 14 August 1969. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents and evidence found within the military record, the Board that relief was not warranted. The Board the carefully considered the applicant’s service record and regulatory guidance for the award of the Purple Heart. In accordance with regulatory guidance on awarding the Purple Heart, there must be substantiating evidence to verify that a Service member 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. The Board noted that medical documentation available for review reflects the applicant’s name and that he was wounded. However, in the absence of further documentation regarding the circumstances under which the wound was received, the Board determined the evidence presented insufficient 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 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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): 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 for the period ending December 10,1969, by adding the following decorations: a. Delete the Army Commendation Medal. b. Add the Army Commendation Medal with "V" Device. 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. • DA Form 20 (Enlisted Qualification Record) • HQs, II Field Force Vietnam General Orders Number 1420 3. Please correct the applicant's DD Form 214 by adding the award shown in paragraph 1 above. Provide the applicant a copy of the correction, and as applicable the medals and citations. Please ensure that the correction is 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 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) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011169 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1