IN THE CASE OF: BOARD DATE: 31 August 2023 DOCKET NUMBER: AR20220010942 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, 11 July 1968 * DD Form 215, Correction to DD Form 214, 22 June 2011 * State of New Jersey, Military Order of the Purple Heart, Commander JMB letter to the President of the United States, 1 April 2021, 4 April 2021, and 8 April 2021 * State of New Jersey, Military Order of the Purple Heart, Commander JMB letter to Senator [Name], 5 September 2019 and 9 December 2018 * State of New Jersey, Military Order of the Purple Heart, Commander JMB letter to a General Officer [Name], 1 August 2020 * U.S. Marine Corps (USMC) award of the Purple Heart to then Specialist Fourth Class JMB * Various photographs, overlays, and maps * Statement from Retired Colonel (COL) VJT * COL VJT Book regarding an ambush on Route 9, Quang Tri Province * Operational Report, Headquarters, 1st Battalion, 44th Artillery * After Action Report – National Route 9 Ambush 25 January 1968 * Mr. SC letter to the Department of veterans Affairs, 5 September 2019 * Mr. SC USMC DD Form 214 * Mr. SC denial of the Purple Heart by the USMC, 31 October 2019 and 24 October 2022 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 was wounded on 24 January 1968 in Vietnam while serving under U.S. Marine Corps 3rd Marine Division control. He served in Headquarters Battery, 1st Battalion (Automatic Weapons) (Self-Propelled) 44th Artillery, better known as Twin 40mm Dusters. He wants the Board to issue him the Purple Heart. He adds that only recently was he able to contact his unit commander and one of his Combat Team Leaders for their support and verification of his combat wound. 3. Review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 5 May 1966, and he held military occupational specialty 13F, Cannon Crewmember. b. His DA Form 20 (Enlisted Qualification Record) shows service in Vietnam from on or about 24 November 1967 to on or about 13 July 1968. He was assigned to Headquarters and Headquarters Battery, 1st Battalion, 44th Artillery, from 12 December 1967 to 7 July 1968. c. He was honorably released from active duty on 11 July 1968. His DD Form 214 shows he completed 1 year, 11 months, and 20 days of active service. It does not show award of the Purple Heart. 4. He provides a. Multiple letters from Mr. JMB, New Jersey Military Order of the Purple Heart Commander, to various Government civilian and military officials, including the President of the United States, indicating that what he has provided should be sufficient evidence that two Vietnam veterans, including the applicant, were wounded in combat on the DMZ in Vietnam. He has also included his book, which will help explain how his Army battalion was the mobile combat team and body recovery unit in support of the 3rd Marine Division. In pertinent part, he contends that the applicant was wounded in a battle on 24 January 1968, defending and saving Camp J.J. Carroll. Because the battle of Khe Sanh had just started, this battle received very little recognition or notoriety. If they did not defend and save Camp Carroll, Khe Sanh would have been defeated. He knows the applicant was wounded because he was in the same combat unit, and he was wounded in the same battle. The only reason he received his Purple Heart is because he ended up in the hospital and the applicant did not. [His multiple letters are attached for the Board’s review] b. Orders issued by the U.S. Marine Corps on 20 February 1968 awarding Mr. JMB, then a specialist four, the Purple Heat for being wounded in action on 24 January 1968, in Vietnam. c. Personal testimony, dated 28 March 2021, from Mr. VJT, now a retired colonel, in which he states the applicant was under his command in Vietnam from December 1967 to July 1968. He was assigned to HHB, 1st Battalion, 44th Artillery. HHB was located at Dong Ha Combat Base, 3rd Marine Division on the Demilitarized Zone ("DMZ"). Dong Ha was located on Route 9 in the northern most sector of I Corps - Vietnam. He contends the applicant received a combat wound during the January 24, 1968, Tet Offensive battle. As his commanding officer, he has learned over the years that many of our soldiers did not receive their awards. There is a combination of reasons why their soldiers did not receive the medals and awards. As an Army Battalion in support of the 3rd Marine Division, much of their unit records were lost due to insufficient and improper paperwork control by the Marines for Army personnel. The Marines issued all of their Purple Hearts and if they could not properly identify the soldier, his award was never issued. Another problem was due to an enemy artillery shell hitting and destroying most of personnel office area and wounding their original clerical staff. Thus, the paperwork for his Purple Heart was possibly destroyed and never reissued. He has attached a copy of the declassified Department of the Army "Confidential" report noting that their Battalion was under operational control of the 3?? Marine Division. He personally knows for a fact that the applicant was wounded in the head by an enemy sniper during the January 24, 1968, battle. His helmet was on display at our Battery Headquarters. Another reason for he did not get his Purple Heart was because he (the author) was reassigned from being one of the 1st/44th Headquarters Commanders to the Battery Commander of Charlie "C" Battery which was located 25 miles away at Camp J.J. Carroll. He thought one of the new officers would follow through with the 3rd Marine Division Headquarters and get his soldiers their well-deserved medals. d. Operational Report, dated 9 May 1967, indicating the battalion was under the operational control of the 3rd Marine Division. e. Extract of a book called, “ADA in Vietnam – Ambush on Route 9” with maps, overlays, and photos, as well as a declassified After Action Report of Route 9 Ambush. f. Letter, dated 5 September 2019, from Mr. SC to the VA, wherein he describes his own combat experience in Vietnam and his attempt to receive the Purple Heart for his own combat injuries with the U.S. Marine Corps. He has been twice denied the Purple Heart by the U.S. Marine Corps. 5. Nothing in several typical sources show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: a. His 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. b. His available 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 generally the proper notification procedure for injuries at the time. c. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not record any wounds sustained as a result of hostile action. d. 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, failed to reveal any orders for the Purple Heart pertaining to the applicant. e. His records do not contain contemporaneous medical records showing he was wounded as a result of hostile action or treatment for such injury. 6. By regulation (AR 600-8-22), the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify: * the injury/wound was the result of hostile action * the injury/wound must have required treatment by medical personnel * 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 relief is not warranted. 2. The Board found no evidence in the available service records corroborating the applicant’s claim that he was wounded during his service in Vietnam. In the absence of service records confirming the applicant was wounded as a result of hostile action to a degree that required treatment by medical personnel, the Board determined his entitlement to the Purple Heart cannot be established at this time. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :xx :xx :xx 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. 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 (AR) 600-8-22 (Military Awards), prescribes policies and procedures for military awards and decorations, to include the Purple Heart. 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 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 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 the award. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * Injury caused by enemy bullet/shrapnel/other projectile created by enemy action * Injury caused by enemy-placed trap or mine * Injury caused by enemy-released chemical, biological, or nuclear agent * Injury caused by vehicle or aircraft accident resulting from enemy fire * Concussion injuries caused as a result of enemy-generated explosions * Mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident 3. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, of the version in effect at the time, 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 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. 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) AR20220010942 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1