IN THE CASE OF: BOARD DATE: 21 February 2023 DOCKET NUMBER: AR20220005606 APPLICANT REQUESTS: * award of the Purple Heart * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show * his rank/grade as sergeant (SGT)/E-5 vice corporal (CPL)/E-4 * awards of the Air Medal, Good Conduct Medal, Republic of Vietnam Gallantry Cross, and Purple Heart APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Statement and Congressional Letter * Certificate of Birth and Driver’s License * Picture of a Soldier * Certificate of Appreciation * Honorable Discharge Certificate (U.S. Army Reserve) * Honorable Discharge Certificate (Army National Guard) * Newspaper Article * Recommendation for Promotion to SGT/E-5 * Army Commendation Medal orders * Army Good Conduct Medal orders * Promotion to specialist four (SP4)/E-4 orders 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: a. He would like to change his rank from CPL/E-4 to SGT/E-5 which should have been done after his suspended reduction had been completed on 5 January 1970. This error has costed him 13 months’ worth of pay grade difference with interest for 51 years. b. All his awards were left in Vietnam when he was medically evacuated to Okinawa Hospital, along with his personal property. He has tried three separate times to retrieve his personal property with no success. He wants every award and ribbon recorded including the Air Medal (he was supporting ground troops), Good Conduct Medal, Republic of Vietnam Gallantry Cross, and Purple Heart. c. He was hit in Bong Song during an altercation (E-5 at the time). He had no choice but to back up and he gave the 2 ½ ton driver order to back up into a side alley way, until the Military Police (MP) came to aid some 30 to 60 seconds later. He was nicked by shrapnel to the right arm. The MPs escorted him to Landing Zone English. Mr. was the driver; he was also a friend. He still wears the scar today. 3. Review of the applicant’s service records shows: a. The applicant was inducted into the Army of the United States on 5 October 1967. He was trained in and held military occupational specialty 11B, Light Weapons Infantryman. b. On 9 November 1967, Headquarters, U.S. Army Training Center, Fort Dix, NJ published Special Orders Number 313 awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). c. On 7 February 1968, Headquarters, 3rd Training Brigade, U.S. Army Training Center, Fort Gordon, GA, NJ published Special Orders Number 25 awarding him the * Sharpshooter Marksmanship Qualification Badge w/Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge w/Rifle Bar (M-16). d. He served in Vietnam from 3 May 1968 to 20 August 1969. He was assigned to Company B, 1st Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade. e. On 2 July 1968, while in Vietnam, he was honorably discharged to immediately enlist or reenlist in the Regular Army. He was issued a DD Form 214 for this period crediting him with 8 months and 27 days of active service. This DD Form 214 shows he was authorized or awarded: National Defense Service Medal, Vietnam Service Medal, and Parachutist Badge. f. He continued his service in Vietnam. His DA Form 20 (Enlisted Qualification Record) shows: * he was promoted to SP4/E-4 on 28 November 1968 * he was awarded MOS 76Y, Supply Specialist on 11 November 1968 * he was transferred to Patient Company, 85th Evacuation Hospital in a patient status. from 2 November to 24 November 1969 (circumstances surrounding this hospitalization are not available for review) * he was in Hawaii from 20 August 1969 to 15 September 1969 g. Headquarters, 173rd Airborne Brigade, Vietnam, published the following General Orders or Special Orders: * Special Orders Number 191, 9 July 1968, awarded him the Combat Infantryman Badge * General Orders Number 899, 14 April 1969, awarded him the Army Commendation Medal for service from May 1968 to May 1969 * Special Orders Number 112, 22 April 1969, promoted him to SGT/E-5 in MOS 76Y effective 11 March 1969 h. On 5 November 1969, at Fort Bragg, NC, the applicant accepted nonjudicial punishment under the provisions of Article 15 for willfully disobeying a lawful command from his superior commissioned officer. His punishment included reduction to SP4/E-4 (suspended for 60 days). i. Item 33 (Appointments and Reductions) of his DA Form 20 shows he was promoted to SGT/E-5 effective 11 March 1969. It also shows he held the rank/grade of CPL/E-4 on 30 June 1970. The authority for this grade is not listed. j. His DA Form 20 further shows he served in Vietnam from 31 August 1970 to 9 December 1970. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 503rd Infantry. k. On 11 November 1970, he was transferred to the 249th General Hospital in Okinawa in a patient status, and around mid-December 1970, he was transferred to the U.S. Army Hospital at Fort Devens, MA. l. His DA Form 137 (Installation Clearance Record) dated 14 November 1970, that out-processed/cleared him from the 249th General Hospital in Okinawa listed his rank as CPL/E-4. m. He was honorably released from active duty on 19 February 1971. His DD Form 214 for this period shows he completed 2 years, 7 months, and 11 days of active service with 8 months and 28 days of prior active service. This DD Form 214 shows in: * Block 5a (Grade, Rate or Rank) and Block 4b (Pay Grade) CPL and E-4 * Block 6 (Date of Rank) 16 June 1970 * Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Army Commendation Medal * National Defense Service Medal * Parachutist Badge * Combat Infantryman Badge * 2 overseas service bars * Vietnam Service Medal * Vietnam Campaign Medal * Sharpshooter Badge with M-14/ M-16 Rifle Bars and M-60 Machine Gun Bar * Block 30 (Remarks) the entries: Vietnam 3 May 1968 to 20 August 1969 and 31 August 1970 to 9 December 1970; Hawaii 20 August 1969 to 15 September 1969 n. On 17 March 1971, Headquarters, Medical Department Activities Fort Devens, MA published GO Number 9 awarding him the Army Good Conduct Medal for period 3 July 1968 to 19 February 1971. His rank is listed as CPL/E-4. 4. There is no evidence in various typical sources that show the applicant was recommended for or awarded the Air Medal: a. The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), does not show award of the Air Medal as an authorized or awarded award. b. There are no orders in the applicant's records awarding the Air Medal or evidence he served as a crewmember or non-crewmember on flying status while in Vietnam. c. The applicant's DA Form 759-1 (Individual Flight Record and Flight Certificate – Army), is not available for review or provided by the applicant. This form would have listed the number of flight hours and the type of flights/missions. d. A review of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System (ADCARS), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any awards of the Air Medal orders on file for him 5. By regulation (AR 600-8-22), award of the Air Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. 6. 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. 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. d. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not record any wounds sustained as a result of hostile action. The entries pertaining to his transfer in a patient status do not indicate the nature and/or source of his illness/injury/disease. e. His records do not contain contemporaneous medical records showing he was wounded as a result of hostile action or treatment for such injury. 7. 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 personnel * the medical treatment must have been made a matter of official record BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The applicant’s unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross w/Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. Additionally, he was awarded the Army Good Conduct Medal and he also participated in 6 campaigns during his tours in Vietnam. As a result, he is eligible to have one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal. These awards should be added to his DD Form 214. b. To be awarded the Air Medal, there must be a formal recommendation, approval through the chain of command, and announcement in orders. If the applicant has a copy of the general orders awarding him this award, he may resubmit his request to this Board for reconsideration. c. 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 personnel; and the medical treatment must have been made a matter of official record. The evidence shows the applicant was transferred to a hospital in Japan in a patent status. However, nothing in several typical sources show he was injured or wounded as a result of hostile action or that he met the criteria for award of the Purple Heart. d. The evidence shows the applicant was promoted to SGT/E-5 on 11 March 1969 by authority of Special Orders Number 112, issued by Headquarters, 173rd Airborne Brigade, Vietnam, on 22 April 1969. However, subsequent evidence shows he held the rank/grade of CPL/E-4, including his DA Form 137 (Installation Clearance Record) dated 14 November 1970, that out-processed/cleared him from the 249th General Hospital in Okinawa and listed his rank as CPL/E-4. Similarly, the general orders that awarded him the Army Good Conduct Medal also listed as CPL/E-4. The Board determined the preponderance of the evidence shows the applicant held the rank/grade of CPL/E-4 at the time of his release from active duty. ? 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 amending his DD Form 214 dated 19 February 1971 by adding: * Republic of Vietnam Gallantry Cross w/Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * one silver service star and one bronze service star to be affixed to his already- awarded Vietnam Service Medal. * Army Good Conduct Medal 2. The Board further determined that 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 changing his DD Form 214 to show his rank/grade as SGT/E-5, or to add the Air Medal and Purple Heart. 2. 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 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 5. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal. It established: a. Passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. b. Combat missions were divided into three categories. A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation. A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions. c. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator. 6. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It states, in part, that items 5a and 5b will show the active duty rank and pay grade at the time of the Soldier's separation, the rank is taken from the Soldier’s promotion/reduction orders, and item 6 shows the date of rank. 7. 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. 8. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows [during the applicant’s service in Vietnam 3 May 1968 to 20 August 1969 and 31 August 1970 to 9 December 1970] campaign participation credit was awarded for the following campaigns: * Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968. * Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968 * Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969 * TET 69 Counteroffensive, 23 February 1969—8 June 1969 * Vietnam Summer-Fall 1969, 9 June 1969—31 October 1969 * Vietnam Counteroffensive, Phase VII, 1 July 1970—30 June 1971 9. DA Pamphlet 672-3 also states his unit, 1st Battalion, 503rd Infantry was cited for the following awards * Republic of Vietnam Gallantry Cross w/Palm Unit Citation, 5 May 1965–26 September 1970, by DA General Orders Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal, First Class—15 April 1969 to 16 March 1971, by DA General Orders Number 5, dated 1973 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005606 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1