IN THE CASE OF: BOARD DATE: 14 March 2023 DOCKET NUMBER: AR20220006226 APPLICANT REQUESTS: * Add the Purple Heart medal to his DD From 214(Armed Forces of the United States Report of Transfer or Discharge). * A DD Form 215 (Correction to DD Form 214) with Purple Heart Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 3 February 2022 * Self-authored statement, 27 January 2022 * Standard Form 600 (Chronological Record of Medical Care), 21 October 1970 * DD Form 214, 5 March 1971 * Radiology report (University of Tennessee Medical Center), 20 May 2014 * Department of Veteran Affairs (VA) Post Traumatic Stress Disorder (PTSD) Questionnaire, 19 March 2021 * VA Form 21-0781 (Statement in Support of Claim for Service Connection for PTSD), 1 May 2021 * Buddy statement, 15 March 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 in action on the morning of 21 October 1970 during a patrol of an area that was suspected of Viet Cong activity. While on patrol, his point man hit a trip wire causing an explosion which resulted in shrapnel hitting him in the chest and throwing him to the ground. He was medically evacuated by helicopter to a hospital where most of the shrapnel was removed. He states he received the Purple Heart medal after being discharged from the hospital. Additionally, a computerized tomography scan in 2011 revealed there was 4mm fragments of shrapnel still in his chest. He states he is thankful his injuries were not debilitating, but his experience was very frightening, and he experiences PTSD symptoms that are related to the incident. He feels he deserves an official award of the Purple Heart. 3. A review of the applicant's record and Army regulations shows the applicant meets the criteria for additional awards not currently listed on his DD Form 214. These awards will be addressed through an administrative correction without action by the Board. 4. The applicant was inducted in the regular Army on 19 May 1969. 5. The applicant's DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) shows service in the Republic of Vietnam from 4 May 1970 to 5 March 1971. b. Item 38 (Record of Assignments) shows he was assigned to Company B, 4th Battalion, 31st Infantry, 196th Brigade, United States Army Pacific (17 May 1970 to 5 March 1971). c. Item 40 (Wounds) does not list any wounds or injuries. d. Item 41 (Awards and Decorations) lists the following marksmanship badges: * Sharpshooter Marksmanship Qualification Badge (M-16), 7 July 1969 * Sharpshooter Marksmanship Qualification Badge (M-45), 3 August 1969 * Expert Marksmanship Qualification Badge (81-MM), 20 August 1969 6. The applicant was honorably released from active duty on 5 March 1971. He completed 1 year, 9 months, and 17 days of active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Bronze Star Medal * Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge (M-16) 7. The applicant provided 24 pages of medical correspondence that include the following: a. Standard Form 600, dated 21 October 1970, shows the applicant was treated for a chest wound and was put on 5 days light duty. b. A radiology report dated 20 May 2014, shows the applicant was given a coronary artery calcium examination at the. The examination showed a 4mm metallic foreign body was noted in the subcutaneous tissues of the applicant's left chest wall. c. A VA PTSD Disability Benefits Questionnaire dated 19 March 2021, shows the applicant met multiple criteria for a PTSD diagnosis. Additionally, the questionnaire notes the applicant's treatment records on 1 October 1970 confirm he was injured. d. VA Form 21-0781 dated 1 May 2021, shows the applicant submitted a claim for service connection for PTSD. In the claim, he notes the location of the incident in Vietnam where tripped a booby trap and ended up losing his leg. I was also injured and have a piece of shrapnel in my chest. I was handed a Purple Heart…" 8. He provides a buddy statement dated 15 March 2022 from. He states, in effect, he received a letter from the applicant a few days after his injury, describing to him in detail about what happened and his injury of shrapnel wounds to his chest. In the letter, he included a piece of string from the booby trap he had picked up off the grenade a few days after his recovery. The applicant mentioned he had been awarded the Purple Heart medal while he was in the hospital. Additionally, he states the applicant asked him to not tell their parents about his injury, as they were already worried sick, and it would only add to their worries. 9. The applicant did not provide nor do his records contain evidence he was awarded the Purple Heart. Additionally, the applicant’s name is not reflected on the Republic of Vietnam Casualty Roster. 10. The applicant's record does not contain evidence his commander disqualified him for award of the Army Good Conduct Medal (1st Award). He received all excellent conduct and efficiency rating. His record does not contain evidence of a court-martial conviction nor any other derogatory information that would disqualify him form the first award of the Army Good Conduct Medal. 11. Army Regulation 600-8-22 contains the regulatory guidance pertaining to entitlement to the PH and requires all elements of the award criteria to be met. There must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment 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. The applicant served in Vietnam from 4 May 1970 to 5 March 1971. He was assigned to Company B, 4th Battalion, 31st Infantry, 17 May 1970 to 5 March 1971. a. Award of the Purple Heart requires all elements of the award criteria to be met. There must be proof that a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment a matter of official record. Nothing in several typical sources show he was injured or wounded as a result of hostile action: his name is not shown on the Vietnam casualty listing, 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, Item 40 (Wounds) of his DA Form 20 does not record any wounds sustained as a result of hostile action, and more importantly, his records do not contain contemporaneous medical records showing he was wounded as a result of hostile action or treatment for such injury. The Standard Form 600, dated 21 October 1970, shows he was treated for a chest wound and was put on 5 days light duty. However, it is unclear how he suffered this wound. Additionally, the Board determined the buddy statement he provides is insufficient by itself to support awarding him the Purple Heart. b. As a related item, although the applicant did not specifically request the Army Good Conduct Medal, the Board determined he meets the criteria for this award. The evidence shows the applicant served honorably on active duty from 19 May 1969 to 5 March 1971. He completed 1 year, 9 months, and 17 days of active service. The applicant's record shows he had all excellent conduct and efficiency ratings, and he received an honorable characterization of service. Additionally, his record does not contain evidence of convictions by a court-martial or a commander's statement of disqualification. Based on the evidence, the Board determined he should be awarded the Army Good Conduct Medal (1st Award). ? 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, in addition to the corrections addressed in Administrative Note(s) below, by: * awarding him the Army Good Conduct Medal (1st Award) for service during the period 19 May 1969 through 5 March 1971 * adding award of the Army Good Conduct Medal (1st Award) to his DD Form 214 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 two awards of the Purple Heart. 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): Make the following administrative corrections - a. delete the Vietnam Service Medal from item 24 of the DD Form 214. b. add the following awards to item 24 of the DD Form 214: * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge (M-45) * Expert Marksmanship Qualification Badge (81-MM) 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 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The PH 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 that 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. b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, the applicant participated in the following campaigns: * DA Sanctuary Counteroffensive, 1 May 1970—30 June 1970 * Vietnam Counteroffensive, Phase VII, 1 July 1970—30 June 1971 c. A Basic Marksmanship Qualification Badge is awarded to indicate the degree in which an individual, military, or civilian has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. Basic Marksmanship Qualification Badges are awarded to U.S. military and civilian personnel, and to foreign military personnel who qualify as prescribed. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows 4th Battalion, 31st Infantry Division was cited for the following unit award: Department of the Army General Orders (DAGO) Number 6, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March 1970 to 30 June1970. 4. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006226 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1