IN THE CASE OF: BOARD DATE: 6 December 2022 DOCKET NUMBER: AR20220004417 APPLICANT REQUESTS: * Entitlement to award of the Purple Heart (PH) * Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM) * An appearance hearing with the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 18 January 2022 * Newspaper Story, (City) Advocate, 14 December 1967 * Standard Form 502 (Clinical Record), 21 February 1968 * Headquarters (HQ), U.S. Army Support Command, Da Nang, General Orders Number 714, 8 September 1969 * DA Form 4980-5 (Bronze Star Medal Certificate), 4 September 1969 * Bronze Star Medal citation * HQ, U.S. Army Support Command, Da Nang, Vietnam Memo, undated (Transmittal of Record) * DD Form 214, 20 April 1970 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, in effect: a. He was awarded the BSM. b. He was shot during his service in Vietnam and an officer pinned a Purple Heart on his pillow, while he was in the hospital. He never received the medal or the citation. 3. The applicant provides copies of: a. Headquarters, U.S. Army Support Command, Da Nang GO Number 714, awarding him the BSM for meritorious service in Vietnam in connection with military operations against a hostile force. Together with a certificate and citation. b. A (City) Advocate newspaper clipping, 14 December 1967, showing the applicant received shoulder and chest wounds sustained in South Vietnam, noting he was hospitalized at 7th Field Hospital, Tokyo, Japan. His condition was good, and he was expected to fully recover. c. A SF 502, 21 February 1968, showing a narrative summary of his treatment following a gunshot wound (GSW) sustained to the left chest and arm in Vietnam on 8 December 1967. This summary diagnosed GSW to the left chest and left arm, with an open fracture to the left humerus, and left-shoulder fibrous ankylosis. He was discharged on 21 February 1968 and advised to continue his physical therapy. 4. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 for the period ending 20 April 1970 will be administratively corrected without Board action by: a. Deleting "ACM" from item 24 of his DD Form 214. b. Annotating his DD Form 214 in item 24 of to show award of: * Army Commendation Medal * one bronze service star to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Korea Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Pistol Bar (45 caliber) 5. The Board will consider his request for entitlement to the PH. 6. A review of the applicant's service records shows: a. On 6 January 1966, he was inducted into the Army of the United States. b. On 22 March 1967, he was discharged in order to accept an appointment as a Reserve Commissioned Officer in the Army. His DD Form 214 for this period shows he completed 11 months and 4 days and he was awarded or authorized: National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber). c. He served in Vietnam from 3 August 1967 to 5 January 1968, he participated in one campaign, and he was assigned to 163rd Transportation Company. d. General Orders Number 1546, issued by HQ, Americal Division, 24 March 1968, awarded him the ARCOM for meritorious achievement in connection with military operations against a hostile force in Vietnam, 9 October 1967 to 10 October 1967. e. General Orders Number 714, issued by HQ, U.S. Army Support Command, Da Nang, Vietnam, 8 September 1969, awarded him the BSM for meritorious service in connection with military operations against a hostile force in the Vietnam in 1967. f. His DA Form 66 (Officer Qualification Record) shows: (1) He was assigned to: * 163d Transportation Company, USARPAC, Vietnam from 7 August 1967 to 7 December 1967 * 21st Transportation Company (Cargo), USARPAC, Korea from 2 April 1969 to 15 April 1970 (2) He was a patient from 8 December 1976 to 28 March 1968. g. On 17 April 1970, he underwent a medical examination (SF 88) and gave a report of medical history (SF 89) for the purpose of ETS. (1) Item 35 (Upper Extremities) of his SF 88 indicates abnormal shoulder condition (hand-written notes are illegible) and item 39 (Identifying body Marks, Scars, Tattoos) indicates a 4 inch well-healed scar as the result of surgery on the anterior chest and over the deltoid and anterior chest. (2) His report of medical history indicates he was qualified for separation. h. On 20 April 1970, he was honorably released from active duty and transferred to control of the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 for this period shows in: (1) Item 24, he was awarded or authorized: National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Armed Forces Expeditionary Medal, and "ACM" (ARCOM) (2) Item 30 (Remarks) – in part, he served in Vietnam from 3 August 1967 to 5 January 1968 and from 1 April 1969 to 17 April 1970. Note: the period of service 1 April 1969 to 17 April 1970 should show service in Korea, USARPAC. 7. 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. 8. 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 Military Awards Branch, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 9. The applicant’s daughter sent a certificate of death indicating the applicant died on 4 September 2022. 10. MEDICAL REVIEW: The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this case. Documentation reviewed included the applicant’s ABCMR application and accompanying documentation, the military electronic medical record (AHLTA), the VA electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the Medical Electronic Data Care History and Readiness Tracking (MEDCHART) application, the Army Aeromedical Resource Office (AERO), and/or the Interactive Personnel Electronic Records Management System (iPERMS). The ARBA Medical Advisor made the following findings and recommendations: a. The applicant, deceased as of 4 September 2022, had applied to the ABCMR requesting the Purple heart and Bronze Star he received in Vietnam be added to his DD 214. He states: “I served in Vietnam and was shot during my service. In the hospital, a female officer pinned my pillow with the Purple Heart as I was laying in the hospital, but I never received the medial or citation. I was awarded the Bronze Star, documentation provided, but not on my discharge.” b. The Record of Proceedings details the applicant’s military service and the circumstances of the case. His DD 214 shows the applicant was mobilized in support of Operation Iraqi Freedom from 03 January 2004 thru 14 October 2004 with Service in Iraq and Kuwait form 1 February 2004 to 9 July 2004. c. Paragraph 2-8 of AR 600-8-22, Military Awards (11 December 2006), lists the criteria for the awarding of the Purple Heart. Paragraph 2b lists the circumstances under which the injury is eligible for a Purple Heart (enemy action, friendly fire, peace keeping, etc.). Paragraph 2e states the wound and medical care requirements for the award: “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 by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.” d. Paragraph 2-8k(3) of 600-8-22 succinctly lists the requirements for this award: Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury or death must have been the result of enemy or hostile act; international terrorist attack; or friendly fire (as defined in paragraph b(8) above) the wound or injury must have required treatment by medical officials; and the records of medical treatment must have been made a matter of official Army records. e. Form the 16 December 1967 Advocate: {Applicant} Wounded In Vietnam: Applicant’s parents have received word that their son, Lt. {Applicant}, was wounded in South Vietnam on Nov. 30. Applicant is a convoy commander with the United States Army. He received shoulder and chest wounds. His condition is reported good and will full recover Lt {Applicant} called his parents Monday from Tokyo, Japan, where he is hospitalized. Monday was his 23rd birthday. He told them he was all right and would be removed to the States at a later date. His address is f. A 21 February 1968 Narrative Summary shows the applicant had been hospitalized at the Naval Hospital in Great Lakes, Illinois, for a gunshot wound. “This twenty-three-year-old 2nd LT/USAR sustained injury on 8 December 1967 when he sustained a gunshot wound to the left chest and Arm in Vietnam.” g. It is the opinion of the ARBA Medical Advisor that the Purple Heart and Bronze Star Medal be added to the applicant’s final DD 214 and that his family be provided these medals in his absence. BOARD DISCUSSION: 1. 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. 2. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant provides a Standard Form 502, dated 21 February 1968, showing a narrative summary of his treatment following a gunshot wound (GSW) sustained to the left chest and arm in Vietnam on 8 December 1967. This summary diagnosed GSW to the left chest and left arm, with an open fracture to the left humerus, and left-shoulder fibrous ankylosis. He was discharged on 21 February 1968 and advised to continue his physical therapy. Although it is not clear if the gunshot wound was a result of hostile action, the Board determined there is sufficient evidence to show the applicant is entitled to award of the Purple Heart. 3. General Orders awarded him the Bronze Star Medal. This award is not listed on his DD Form 214. 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: In addition to the correction addressed in Administrative Note(s) below, 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 for wounds received in action in Vietnam on 8 December 1967 * adding award of the Purple Heart and Bronze Star Medal to his DD Form 214 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 was awarded or authorized the following awards not listed on his DD Form 214: * Army Commendation Medal * one bronze service star to his previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Korea Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Pistol Bar (45 caliber) 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 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. a. 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. b. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. 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. 3. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), prescribed policies, responsibilities, and criteria for awards in order to insure prompt and proper recognition of individuals. The regulation stated: a. The Purple Heart may be awarded to U.S. personnel who are wounded or killed in action as a direct result of enemy action. b. A wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received must have been made a matter of official record. c. Authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released 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. 4. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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: (1) In any action against an enemy of the United States. (2) 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. (3) 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. (4) As the result of an act of any such enemy or opposing Armed Forces. (5) As the result of an act of any hostile foreign force. (6) After 7 December 1941, pursuant to Title 10, United States Code, section 1129, as a result of friendly fire provided the member was killed or wounded in action by friendly weapon fire while directly engaged in armed conflict, other than the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of the willful misconduct of the member. (7) On or after 7 December 1941, to a member who is killed or dies while in captivity as a Prisoner of War under circumstances establishing eligibility for the Prisoner of War Medal, unless compelling evidence is presented that shows the member’s death was not the result of enemy action. b. 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. (1) Treatment of the wound will be documented in the member’s medical and/or health record. (2) 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. (3) 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 – military occupational specialty 68W) are not physician extenders. (4) A medical officer is defined as a physician with officer rank. The following are medical officers: (a) An officer of the medical corps of the Army. (b) An officer of the medical corps of the U.S. Navy. (c) An officer in the U.S. Air Force designated as a medical officer in accordance with Title 10, United States Code, section 101. c. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. (2) Injury caused by enemy emplaced trap, mine or other improvised explosive device. (3) Injury caused by chemical, biological, or nuclear agent released by the enemy. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Smoke inhalation injuries from enemy actions that result in burns to the respiratory tract. (6) Concussions (and/or mild traumatic brain injury (mTBI)) caused as a result of enemy-generated explosions that result in 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. d. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: (1) Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). (2) Trench foot or immersion foot. (3) Heat stroke. (4) Food poisoning not caused by enemy agents. (5) Exposure to chemical, biological, or nuclear agents not directly released by the enemy. (6) Battle fatigue, neuro-psychosis and post-traumatic stress disorders. (7) Disease not directly caused by enemy agents. (8) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. (9) Self-inflicted wounds, except when in the heat of battle and not involving gross negligence. (10) First degree burns. (11) Airborne (for example, parachute/jump) injuries not caused by enemy action. (12) Hearing loss and tinnitus (for example: ringing in the ears, ruptured tympanic membrane). (13) Mild traumatic brain injury (mTBI) that does not 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. (14) Abrasions or lacerations (unless of a severity requiring treatment by a medical officer). (15) Bruises or contusions (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer). (16) Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). f. 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. g. The KDSM was authorized by Section 543, National Defense Authorization Act, 2003. It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows: (1) The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas. (2) The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 5. The U.S. Army Center for Military History, Lineage and Honors Information, shows 21st Transportation Company (Cargo Dogs), was assigned to Korea during the Korean War and inactivated in Korea in 1998. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004417 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1