IN THE CASE OF: BOARD DATE: 14 July 2022 DOCKET NUMBER: AR20210015133 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) for the period ending 20 January 1970 to show award of the Purple Heart (First Oak Leaf Cluster). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 8-275-3 (Clinical Record Cover Sheet), dated 23 June 1969 * DA Form 8-275-3, dated 5 July 1969 * DA Form 8-275-3, dated 28 July 1969 * SF 516 (Clinical Record), dated 28 July 1969 * DD Form 640 (Nursing Notes), covering period 28 July 1969 to 20 August 1969 * DA Form 8-275-3, dated 30 July 1969 * Handwritten medical notes, dated 5 August 1969 * SF 509 (Clinical Record, Doctor's Progress Notes), covering period 16 September to 1 October 1969 * SF 502 (Clinical Record, Narrative Summary), dated 28 October 1969. * DA Form 8-275-2 (Clinical Record Cover Sheet), November 1969 (day illegible) * SF 502, date illegible * SF 502, undated * SF 504 (Clinical Record, History – Part 1), undated * SF 504, undated * SF 506 (Clinical Record, Physical Examination), undated * USAMCJ Form 27 (Patient's Disposition and Clearance Record), undated * DD Form 214, ending on 20 January 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. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 to show the following awards without Board action. * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 3. The applicant states he was wounded twice in Vietnam and his DD Form 214 does not reflect his Purple Heart (First Oak Leaf Cluster). a. On 18 June 1969, he was struck in the chest by mortar round fragments; however, he was not awarded the Purple Heart while in the hospital. On 28 July 1969, he was shot in the buttocks and awarded the Purple Heart while in the hospital. b. His wounds are documented in his service records; however, his Department of Veterans Affairs (VA) file does not reflect his wounds. The fragments from his first injury are still present. 4. The applicant's service record shows: a. On 27 May 1968, the applicant was inducted into the Army of the United States. b. The applicant served in Vietnam during the period 13 November 1968 to 5 November 1969 and he participated in four campaigns while assigned to: * 23rd Adjutant General Administration Company Replacement Detachment * Headquarters and Headquarters Company, Americal Division * B Company, 1st Battalion, 20th Infantry Regiment * 249th General Hospital c. DA Form 20 (Enlisted Qualification Record) shows in: (1) Item 40 (Wounds) – No entry. (2) Item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) d. DD Form 214, ending on 20 January 1970, shows the applicant was honorably released from active duty. (1) Item 22b (Total Active Service) – 1 year, 7 months, and 24 days. (2) Item 22c (Foreign and/or Sea Service) – 1 year, 0 months, and 0 days. (3) 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) * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * First Class Gunner Badge with Machine Gun Bar (M-60) e. The available evidence is void of orders awarding the applicant the Purple Heart (First Oak Leaf Cluster). f. A review of the Awards and Decorations Computers-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resource Command, failed to reveal orders for award of the Purple Heart (First Oak Leaf Cluster). g. A search of the Vietnam Casualty Roster revealed the applicant was injured as a result of hostile action in Vietnam on 18 June 1969 and 28 July 1969. 5. The applicant provides: a. DA Form 8-275-3, dated 23 June 1969, showing the applicant was treated by Captain (CPT) Medical Corps, at the 312th Evacuation Hospital for an open, penetrating chest wound caused by mortar fragments. The applicant's injuries were received in the line of duty as a direct result of armed conflict on 18 July 1969 at Landing Zone Liz, Vietnam. Item 25 (Selected Administrative Data) shows that no Purple Heart was awarded. b. DA Form 8-275-3, dated 5 July 1969, which is illegible. c. DA Form 8-275-3, dated 28 July 1969, showing the applicant was treated at the 27th Surgical Hospital for Gunshot Wounds (GSW) to the penis and buttocks. Item 25 is blank. d. SF 516, dated 28 July 1969, showing the applicant had surgery to debride his GSW. e. DD Form 640, covering period 28 July 1969 to 20 August 1969, showing the applicant was admitted on 28 July for fragments wounds to the upper right shoulder and right lateral buttock, and swelling of the scrotum and penis. f. DA Form 8-275-3, dated 30 July 1969, showing the applicant was treated at the 27th Surgical Hospital for his GSW. CPT the attending physician and surgeon, noted that the applicant's injuries were received in the line of duty as a direct result of armed conflict on 28 July 1969 in Duc Pho, Vietnam. General Order Number 166 issued by the 27th Surgical Hospital, dated 29 July 1969, awarded the applicant the Purple Heart. g. Handwritten medical notes, dated 5 August 1969, noting the applicant's treatment history and laboratory data. h. SF 509, covering period 16 September to 1 October 1969, noting the applicant's treatment history from his 18 June 1969 injury. i. SF 502, dated 28 October 1969, showing the applicant was transferred to the 249th General Hospital for treatment of his GSW of the right buttock and penis. The attending physician noted that the applicant appeared sick with a small suture wound of the left lateral aspect of the penis and a widely debrided buttock. The applicant's chest injury, due to a grenade explosion in Vietnam on 18 June 1969, was noted and an x-ray revealed a small fragment over the inferior aspect of the cardiac silhouette. A 2 centimeter incisional scar, below the left nipple, indicated a previous chest wall exploration for a foreign body. j. DA Form 8-275-2 (Clinical Record Cover Sheet), November 1969 (day illegible), showing the applicant was transferred to Valley Forge General Hospital in Pennsylvania for a GSW to the right buttock, GSW to the penis, and hemopericardium with tamponade. His injuries were received in the line of duty as a direct result of armed conflict on 28 July 1969 in Duc Pho, Vietnam. It was noted that his hemopericardium did not exist prior to service. k. SF 502, date illegible, notes the applicant's treatment at the 27th Surgical Hospital for his GSW on 28 July 1969, and his left chest injury due to a grenade explosion on 18 June 1969. The initial chest x-ray revealed a small fragment over the cardiac silhouette. l. SF 502, undated, notes the applicant's treatment at the 27th Surgical Hospital for his GSW on 28 July 1969. m. SF 504, undated, notes the applicant's treatment at the 27th Surgical Hospital for his GSW. Details of the extent of the applicant's injuries and operative procedures were not available and there was no mention of the applicant's urethra condition. n. SF 504, undated, notes the applicant's wound of the right buttock due to hostile action on 28 July 1969. o. SF 506, undated, noted a large, penetrating missile wound of the right buttock area with no evidence of nerve or artery involvement. p. USAMCJ Form 27 (Patient's Disposition and Clearance Record), undated, the applicant was evacuated stateside as an ambulatory patient for further treatment of his GSW and hemopericardium with tamponade. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found the evidence confirms the applicant was wounded twice as a result of hostile action. The Board determined the applicant should be awarded the Purple Heart (First Oak Leaf Cluster) should be awarded to the applicant and be added to his DD Form 214. 3. The Board concurred with the corrections described in Administrative Note(s) below. 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: * Awarding him the Purple Heart (First Oak Leaf Cluster) for wounds received as a result of hostile action on 18 June 1969 and 28 July 1969 * Adding the Purple Heart (First Oak Leaf Cluster) to his DD Form 214 * Making the corrections described in Administrative Note(s) below 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 awards that were not listed on his DD Form 214. Correct the DD Form 214 by deleting the Vietnam Service Medal and adding: * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 672-1 (Decorations and Awards), in effect at the time, provided that the Purple Heart was awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound 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. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained under enemy, opposing armed force, or hostile foreign action. A physical lesion is not required, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign action. All personnel treated and released from a military treatment facility within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015133 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1