IN THE CASE OF: BOARD DATE: 8 February 2023 DOCKET NUMBER: AR20220008018 APPLICANT REQUESTS: * award of the Purple Heart and Combat Medical Badge * a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with corrected awards * a copy of his complete medical record APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement * DD Form 214, 12 June 1971 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 served in Vietnam with 1st Battalion, 501st Infantry Regiment, 101st Airborne Division. On approximately 6 April 1970, he sustained a head injury while on patrol. He was medically evacuated to a U.S. Navy hospital ship, the U.S.S. Sanctuary. A ceremony was conducted onboard the ship during which he was awarded a Purple Heart. After approximately 11 days, he was transferred to a hospital in Japan for further surgery and treatment. b. He was a field medic in combat several times but not when the injuries to himself and others occurred. He would like to know if he is eligible for the Purple Heart and the Combat Medical Badge. None of these awards appear on his DD Form 214. He is anxious to record his life story and requests a copy of his corrected DD Form 214 and medical records to fill in some of the blank pages in his memory. 3. The ABCMR is not a records repository, nor does it maintain the medical records of Soldiers or Veterans, therefore the Board will not address this portion of the request. a. The applicant may request his medical records from the National Personnel Records Center (NPRC), utilizing a Standard Form (SF) 180 (Request Pertaining to Medical Records) or request them electronically from the U.S. National Archives at eVetRecs. b. The applicant's request for a copy of his medical records will not be further addressed in this record of proceedings. c. A review of the applicant's record and Army regulations shows he 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. d. The Board will address the portion of the applicant's request regarding award of the Purple Heart and Combat Medical Badge. 4. The applicant was inducted into the Army of the United States on 21 August 1969. He held the military occupational specialty (MOS) 91A (Military Corpsman). 5. His DA Form 20 (Enlisted Qualification Record) shows he received all excellent conduct and efficiency ratings and contains the following information: a. Item 31 (Foreign Service) shows service in United States Army Pacific Command (USARPAC) - Vietnam from 6 February 1970 to 2 May 1970. b. Item 38 (Record of Assignments) shows, during his service in USARPAC - Vietnam, he was assigned as follows: * Medical Corpsman, Headquarters and Headquarters Company (Airmobile), 1st Battalion, 501st Infantry Regiment, 101st Airborne Division, 24 February 1970 to 17 April 1970 * Patient, 249th General Hospital, USARPAC, Japan, 18 April 1970 to 27 May 1970 c. Item 40 (Wounds) does not list any wounds. d. Item 29 (Qualifications in Arms) and item 41 (Awards and Decorations) show: (1) Special Orders 280, published by United States Army Training Center (USATC), Fort Lewis, WA on (30 September) 1969 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) (2) Special Orders 288, published by USATC, Fort Lewis, WA on (11 October) 1969 awarded him the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) 6. A Provisional Form 2-68 Rev. (Head and Spinal Cord Injury) shows that the applicant was treated for a forehead laceration and linear skull fracture, on 6 April 1970, onboard a U.S. Navy hospital ship, the U.S.S. Sanctuary. 7. An SF 502 (Clinical Record - Narrative Summary), dated 20 April 1970, shows the applicant was admitted to the 249th General Hospital, U.S. Army Pacific (USARPAC), Japan, on 18 April 1970. The record states, in effect, he sustained a fragment wound to the right side of his head. He was amnesic to the events that happened to him, and there was a questionable period of loss of consciousness. He was treated for a laceration, linear skull fracture and prepared for evacuation back to the Continental United States (CONUS). 8. A DA Form 8-275-2 (Clinical Record Cover Sheet) shows he was transferred to U.S. Army Hospital, Fort Ord, CA, on 29 April 1970, for further treatment of a compound linear skull fracture, cerebral concussion, and laceration. 9. SF 600 (Health Record - Chronological Record of Medical Care), U.S. Army Hospital, Ford Ord, CA, shows he was admitted on 1 May 1970 and finally discharged on 6 May 1970. 10. The applicant was honorably released from active duty on 12 June 1971.His DD Form 214 shows 1 year, 9 months, 22 days of net service and 2 months, 27 days of foreign service, with service in the Republic of Vietnam from 6 February 1970 to 2 May 1970. 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 with device 1960 * Expert Marksmanship Qualification Badge 11. The applicant's name is not listed on the Vietnam Casualty Roster. 12. The applicant's military record does not contain, nor does he provide evidence showing he was awarded the Purple Heart or the Combat Medical Badge. 13. 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 pertaining to the applicant. 14. 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. 15. The Combat Medical Badge is not intended to recognize an individual for unit battle participation or deployment to a combat zone. The Combat Medical Badge is designed to recognize medical personnel, whose daily mission is to perform medical duties while assigned to a unit that is actively engaged in actual ground combat, provided they are personally present and under fire. 16. 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: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. he Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. Upon review of the applicant’s petition and available military records the Board determined there is no medical record showing the applicant received wounds caused by enemy forces that required treatment by medical personnel. The governing regulation provides that for award of the Purple Heart, evidence provided must indicate he suffered, as a result of hostile action, a concussion or TBI so disabling as 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 incident. The applicant has no medical documentation showing a loss of consciousness nor that shows he was restricted from duty for a period equaling 48 hours or more. 2. However, evidence in the record reflect the applicant held the military occupational specialty (MOS) 91A (Military Corpsman) as was assigned to 1st Battalion, 501st Infantry Regiment, 101st Airborne Division. Per regulatory guidance the applicant met the criteria for award of the combat medical badge. Furthermore, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 21 August 1969 to 12 June 1971. Based on this the Board determined relief was warranted and granted relief for correction of the applicant’s record to show award of the Army Good Conduct Medal and the Combat Medical badge. 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 awarding him the Comat Medical Badge and the Army Good Conduct Medal (1st Award) for exemplary service from 21 August 1969 to 12 June 1971 and adding the medal to his DD Form 214 for the period ending 12 June 1971. 2. The Board further determined 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 award 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 amendments to his DD Form 214: a. delete the Vietnam Service Medal and the Expert Qualification Badge, and b. add the - * Vietnam Service Medal with one bronze service star * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Automatic Rifle Bar (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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. When contemplating 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. c. 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 mild (m) mTBI or concussion severe enough to cause either LOC 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. 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 Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970 campaign. 4. 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. 5. AR 672-5-1, paragraph 97, in effect at the time, stated the Combat Medical Badge was awarded to medical department personnel (colonel and below) who satisfactorily performed medical duties while assigned or attached to a medical unit of an infantry unit of brigade, regimental, or smaller size, or as a member of the medical platoon of an infantry or airborne brigade headquarters company during any period the infantry unit was engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat. 6. 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) 48, 1971, awarded the 1st Battalion, 501st Infantry Regiment, 101st Airborne Division the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 18 March 1968 to 2 May 1970. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008018 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1