IN THE CASE OF: BOARD DATE: 21 March 2023 DOCKET NUMBER: AR20220006778 APPLICANT REQUESTS: correction of the records of her deceased husband, a former service member (FSM), to show 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), 19 November 1969 * Certificate of Marriage, 10 June 1989 * Certificate of Death, 18 December 2021 * Department of Veterans Affairs (VA) Rating Decision, 14 May 2014 * VA Summary of Benefits, 9 June 2021 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, she would like to honor her husband and she is requesting correction of his military record to add the Purple Heart to mirror gunshot wounds that were incurred while serving on Active Duty in Vietnam. He received a gunshot wound to the abdomen, chest, and left eye. 3. The FSM enlisted in the Regular Army on 17 May 1968. He completed training and he was awarded military occupational specialty 91A (Medical Corpsman). 4. The FSM's DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) shows service in the Republic of Vietnam from 20 January 1969 to 19 May 1969. b. Item 38 (Record of Assignments) shows, during his service in Vietnam, he was assigned to Headquarters and Headquarters Troop (HHT), 2nd Squadron, 17th Cavalry, 101st Airborne Division. On 11 May 1969, he was assigned to the U.S. Army Hospital, Camp Zama, Japan as a patient and then assigned to the Naval Hospital, Chelsea, Massachusetts on 25 May 1969 as a patient. c. Item 40 (Wounds) shows gunshot wound right wrist on 8 May 1969. d. Item 41 (Awards and Decorations) lists the National Defense Service Medal, Parachute Badge, Pathfinder Badge, Soldier's Medal, and the Bronze Star with "V" device. 5. His name is shown on the Vietnam casualty roster as having sustained an injury as a result of hostile action on 8 May 1969. 6. The FSM was awarded the Bronze Star with "V" Device on 10 July 1969 for his heroism in ground combat against a hostile force in the Republic of Vietnam on 8 May 1969, when his team was attacked from all sides by a numerically superior enemy force. The FSM tried to cover his squad leader's body with his own to protect him from a satchel charge which had been thrown. The exploding charge killed the wounded man and seriously wounded the FSM. 7. The FSM was honorably retired on 19 November 1969. His DD Form 214 shows he completed 1 year, 6 months, and 3 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: * Bronze Star Medal with "V" Device * Pathfinder Badge * Soldier's Medal * Vietnam Service Medal * Parachute Badge * National Defense Service Medal 8. The applicant provides a certificate of marriage, dated 10 June 1989. 9. VA documents, dated 14 May 2014, shows the following rating decision: * Evaluation of 70% for evaluation of loss of use of the right arm status post gunshot wound. The decision was based on amputation below insertion of pronator teres. * Service connection for post traumatic osteoarthritis of the right elbow status post gunshot wound (limitation of flexion), granted with an evaluation of 10%. * Service connection for scars, anterior trunk region status post gunshot wound granted with an evaluation of 10%. * Service connection for Raynaud's syndrome granted with an evaluation of 10%. This was considered a complication of his service-connected right arm condition. * Service connection for post traumatic osteoarthritis of the right elbow status post gunshot wound (limitation of extension) granted with an evaluation of 0%%. * Service connection for scars, posterior trunk region status post gunshot wound granted with an evaluation of 0%. * Entitlement to special monthly compensation based on loss of use of one hand granted. * Entitlement to individual unemployability granted. * Entitlement to special monthly compensation based on household criteria being met granted. * Entitlement to automobile and adaptive equipment established. * Basic eligibility to Dependents' Educational Assistance established. * Evaluation of donor site scar rated at 0 percent. 10. The applicant provides a letter of summary of VA benefits, dated 9 June 2021, which states the FSM combined service-connected evaluation as 90%. It shows the FSM was considered to be totally and permanently disabled due to his service- connected disabilities. 11. The applicant provides a certificate of death, dated 18 December 2021. 12. Army Regulation 600-8-22 contains the regulatory guidance pertaining to entitlement to the Purple Heart 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 warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the FSM served in Vietnam from 20 January 1969 to 19 May 1969. Item 40 (Wounds) shows he sustained a gunshot wound to the right wrist on 8 May 1969. Additionally, his award of the Bronze Star with "V" device for heroism in ground combat against a hostile force in Vietnam on 8 May 1969, clearly shows he was seriously wounded. The Board determined he is entitled to award of the Purple Heat and correction of his records to show it. 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 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 Purple Heart for wounds received in action in Vietnam on 8 May 1969 * adding the Purple Heart 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): Add the following awards to item 24 of his DD Form 214: * Republic of Vietnam Campaign Medal with device 1960 * Republic of Vietnam Civil Actions Unit Citation * Republic of Vietnam Gallantry Cross with Palm Device ? 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 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 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 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, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the Service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the Service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. c. When contemplating an award of the Purple Heart, 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 award. d. Examples of enemy-related injuries that clearly justify award of the Purple Heart include concussion injuries caused as a result of enemy-generated explosions resulting in a mTBI 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. e. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mTBI or concussions that do not either 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. 3. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. 4. 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 HHT, 2d Squadron, 17th Cavalry, 101st Airborne Division was cited for the following unit awards: a. Department of the Army General Order (DAGO) Number 48, dated 1971, 101st Airborne Division, the Republic of Vietnam Civil Actions Honor Medal for the period 30 August 1968 to 2 May 1970. b. Department of the Army General Order (DAGO) Number 43, dated 1974, awarded 2d Squadron, 17th Cavalry, the Republic of Vietnam Gallantry Cross with Palm for the period 15 August 1968 to 14 May 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006778 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1