IN THE CASE OF: BOARD DATE: 21 March 2023 DOCKET NUMBER: AR20220007367 APPLICANT REQUESTS: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 25 February 1971, to show award of the Purple Heart (1st award) * award of the Purple Heart (2nd award) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement, undated * General Orders (GO) Number 154, Headquarters, 3rd Field Hospital, APO San Francisco 96309, 22 June 1970 * DD Form 214, 25 February 1971 * statement of support 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. The Purple Heart he was awarded is not shown on his DD form 214. He should have been awarded a second Purple Heart. Like many others, he just wanted to move on with his life after serving in Vietnam and Cambodia. He did not review paperwork or understand it. He attempted to have this corrected but became frustrated and stopped trying. b. He has included a statement from his Platoon Leader who remembers the incident and how it occurred. Their platoon was involved in contact with the North Vietnamese Army. The platoon returned to their night defensive position and began to set up for the evening. Someone noticed a large, dark stain on his fatigues. There was also a small hole. He pulled down his fatigues to reveal blood and a piece of shrapnel. The medic removed the shrapnel, cleaned the area, and taped it up. The medic monitored the wound for infection over the next few days. The incident happened after the daily field report was sent in. He has not been able to contact any of the other men from his squad for further verification. His Platoon Sergeant passed away, and the other men he has been in touch with were not in his squad. 3. His service record contains a DD Form 215 (Correction to DD Form 214), dated 9 November 2010, which added the Purple Heart (1st award) to his DD Form 214, for the period ending 25 February 1971, therefore the Board will not address this portion of his request. 4. A review of the applicant's record and Army regulations shows he meets the regulatory 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. 5. The Board will address the portion of his request regarding a second Purple Heart. 6. The applicant was inducted into the Army of the United States on 22 July 1969. He held the military occupational specialty (MOS) 11B (Light Weapons Infantryman). 7. Special Orders Number 260, Headquarters, U.S. Army Training Center, Infantry and Fort Polk, LA, 23 October 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 8. Special Orders Number 264, Headquarters, U.S. Army Training Center, Infantry and Fort Polk, LA, 27 October 1969, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 9. GO Number 154, Headquarters, 3rd Field Hospital, Vietnam, 22 June 1970 awarded him the Purple Heart for wounds received in action, in Vietnam on 21 June 1970. 10. His DA Form 20 (Enlisted Qualification Record) shows he received all excellent conduct and efficiency ratings and contains the following information: a. Item 29 (Qualifications in Arms) and item 41 (Awards and Decorations) show Special Orders 254, published by United States Army Training Center, Fort Knox, KY, on 4 September 1969 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). b. Item 31 (Foreign Service) shows service in Vietnam. The dates are illegible. However, item 39 (Record of Assignments) shows these dates as on or about 19 February 1970 to on or about 25 February 1971. c. Item 38 (Record of Assignments) shows, during his service in Vietnam, he was assigned to Company C, 1st Battalion, 7th Squadron, 1st Cavalry Division. His was assigned principal duties as a rifleman and machine gunner. d. Item 40 (Wounds) lists fragmentary wounds to the right side of the face on 21 June 1970. It does not list a second injury or date. 11. The applicant was honorably released from active duty on 25 February 1971. His DD Form 214 and corresponding DD Form 215, show he completed 1 year, 7 months, and 4 days of net service and 11 months, 7 days of foreign service, with service in Vietnam from 19 March 1970 to 25 February 1971. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal with "V" device * Combat Infantryman Badge * Bronze Star Medal * Air Medal * Purple Heart 12. His name is listed on the Vietnam Casualty Roster for wounds sustained as a result of hostile action, small arms fire, on 21 June 1970. There is no second entry listed on the casualty roster for the applicant. 13. The applicant's military record does not contain, nor does he provide evidence showing he was awarded the Purple Heart (2nd award). 14. The applicant’s medical records are not available for review. 15. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973, maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart (2nd award) pertaining to the applicant. 16. The applicant provides a statement of support from his Platoon Leader (PL), wherein the PL states, in effect: a. He was the rifle PL for Company C, 1st Battalion, 7th Cavalry Squadron, 1st Cavalry Division. The applicant served bravely and with distinction in the platoon, where they saw continuous combat. He performed duty as the assistant machine gunner and then gunner on the M-60 machine gun. b. The applicant sustained a small shrapnel wound during a firefight on 4 June 1970. Their casualty numbers were high, and Soldiers fit for field duty were low. Any wound that could be treated in the field was treated by the platoon medic; no evacuation was requested or expected. Considering the dangerous circumstances, paperwork was not completed. The great turnover in personnel resulted in paperwork being lost, destroyed or simply not filed. 16. The regulatory guidance pertaining to the entitlement of the Purple Heart 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. 17. 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 ratings. His record does not contain evidence of a court-martial conviction nor any other derogatory information that would disqualify him from the first award of the Army Good Conduct Medal. 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. As far as his first award of the Purple Heart, the applicant has already been issued a DD Form 215 on 9 November 2010, which added the Purple Heart (1st award) to his DD Form 214, for the period ending 25 February 1971. b. The Board found nothing in several typical sources that support a second award of the Purple Heart: His medical records are not available for review. His DA Form 20 lists only one injury in item 40 (Wounds). His name is listed once on the Vietnam Casualty Roster for small arms fire wounds sustained as a result of hostile action on 21 June 1970; there is no second entry listed on the casualty roster for the applicant. Finally, his military record does not contain, nor does he provide evidence showing he was awarded the Purple Heart (2nd award). c. As a related award, the evidence shows the applicant served honorably on active duty from 22 July 1969 to 25 February 1971, completing 1 year, 7 months, and 4 days of net 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 22 July 1969 through 25 February 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 (2nd Award). 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 corrections to his DD Form 214, for the period ending 25 February 1971: a. delete the Vietnam Service Medal and b. add the - * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14, M-16) 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) paragraph 2-8 states 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. 3. AR 600-8-2, paragraph 7-17, which provides for the establishment of campaign participation credit states, a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. The applicant's service dates in Vietnam fall within the following campaigns: * DA Sanctuary Counteroffensive from 1 May 1970 to 30 June 1970 * Vietnam Counteroffensive, Phase VII from 1 July 1970 to 30 June 1971 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 that Department of the Army General Order (DAGO) 52, 1971, awarded the 7th Squadron, 1st Cavalry Division the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 15 December 1969 to 10 October 1970. 5. AR 672-5-1 (Awards), paragraph 33, 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, 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) AR20220007367 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1