IN THE CASE OF: BOARD DATE: 22 March 2023 DOCKET NUMBER: AR20220008074 APPLICANT REQUESTS: award of the Purple Heart APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * eight pages of military treatment records 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, his combat injury was clearly identified and annotated in his medical record. The treating medical facility failed to perform its administrative duty and did not award the Purple Heart. Wounded in combat equals Purple Heart. 3. 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. 4. He was inducted into the Army of the United States on 7 June 1968. He held the military occupational specialty (MOS) 11B (Light Weapons Infantryman). 5. General Orders (GO) Number 10481, Headquarters, Americal Division, 14 October 1969, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force, in the Republic of Vietnam, from 1 June 1969 to 15 August 1969. 6. 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 4 November 1968 to 28 October 1969. b. Item 38 (Record of Assignments) shows, during his service in USARPAC - Vietnam, he was assigned to Company C, 4th Battalion, 3rd Infantry Regiment, 11th Brigade with the principal duties Rifleman and Gunner. c. Item 40 (Wounds) does not list any wounds. 7. The applicant was honorably released from active duty on 5 June 1970. His DD Form 214 shows 1 year, 11 months, 29 days of net service and 11 months, 25 days of foreign service, with service in the Republic of Vietnam from 4 November 1968 to 28 October 1969. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards: * Vietnam Service Medal with two bronze service stars * National Defense Service Medal * Republic of Vietnam Campaign Medal with device 1960 * Bronze Star Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * 1st Class Gunner (M-60 Machine Gun) * Combat Infantryman Badge 8. The applicant's military record does not contain, nor does he provide evidence showing he was awarded the Purple Heart. 9. The applicant provides eight pages of military treatment records: a. SF 89 (Report of History), 26 March 1968, shows the applicant reported he was in good present health at the time of his pre-induction physical. b. DA Form 8-275-3 (Clinical Record Cover Sheet) and the corresponding SF 600 (Chronological Record of Medical Care), 1 March 1969, show he was admitted to the 27th Surgical Hospital for treatment of a fragmentary wound to his left hand. A mortar round exploded near Landing Zone (LZ) Buff causing the wound. The wound was debrided and did not include nerve or artery involvement. Item 25 (Selected Administrative Data) states a Purple Heart was not awarded at the hospital. c. A Clinical Record - Narrative Summary shows he was admitted to the hospital on 1 March 1969 and was discharged 6 March 1969. The wound was healing well and did not require sutures. He was given 48 hours of light duty on discharge, pending re- evaluation. He was re-evaluated on 8 March 1969. The wound was healing well, and he was returned to regular duty. d. SF 89, 6 June 1970, shows the applicant reported he was in good health at the time of his separation physical. He did report that he had been hospitalized in Vietnam for a shrapnel injury to his left wrist. 10. The applicant's name is not listed on the Vietnam Casualty Roster. 11. 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 (AHRC), failed to reveal any orders for the Purple Heart pertaining to the applicant. 12. An email dated 22 February 2022, from AHRC stated the applicant was located in their Republic of Vietnam era casualty fiche. The casualty code listed was "Hostile Wounded in Action-Not Serious Hospitalized." The injury was related to cutting, piercing, blunt instrument, etc. The date of the incident was blurry but thought to be 28 February 1968. 13. 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. 14. 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 relief was warranted. The 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 was sufficient evidence to grant award of the Purple Heart. Evidence in the record show the applicant was wounded in action on 1 March 1969, while serving in Vietnam. The Board found the applicant is listed on the casualty code listed as "Hostile Wounded in Action-Not Serious Hospitalized. The Board determined, based on regulatory guidance the applicant met the criteria for award of the Purple Heart. 2. In addition, 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 7 June 1968 to 5 June 1970. Based on this the Board determined relief was warranted and granted relief for correction of the applicant’s record to show the Purple Heart and the Army Good Conduct Medal. 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: In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 7 June 1968 to 5 June 1970 and adding the medal to his DD Form 214 for the period ending 5 June 1970 and the Purple Heart Medal. 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 5 June 1970: a. delete the Vietnam Service Medal with two bronze service stars, and b. add the - * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Commendation Medal 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. The wound(s) must be received under circumstances in any action against an enemy of the United States, an opposing armed force of a foreign country, as the result of an act of any hostile foreign force or as a result of friendly fire provided the member was wounded in action by friendly fire while directly engaged in armed conflict. An example of enemy-related actions which justify eligibility for the Purple Heart is injury caused by enemy bullet, shrapnel or other projectile created by enemy action. c. Abrasions or lacerations do not justify eligibility for the Purple Heart unless the wounds were of a severity requiring treatment by a medical officer. 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: * Vietnam Counteroffensive, Phase VI - 2 November 1968 to 22 February 1969 * TET 69 Counteroffensive - 23 February 1969 to 8 June 1969 * Vietnam Summer-Fall 1969 - 9 June 1969 to 31 October 1969 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. 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) 2, 1971, awarded the 4th Battalion, 3rd Infantry Regiment the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 2 November 1968 to 28 February 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008074 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1