IN THE CASE OF: BOARD DATE: 14 June 2023 DOCKET NUMBER: AR20230000584 APPLICANT REQUESTS: to be awarded the Purple Heart for a right leg injury in Vietnam. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces f the United States Report of Transfer or Discharge) * Statement * 2012 Department of Veterans Affairs rating 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 given a Purple Herat for his injury, a stake punctured injury to the right leg, in Vietnam. It seems that it was overlooked. He deserves the medal. He did not lose his leg, but he did lose his soul. He was on a patrol with his company in the field. They were looking for the enemy and came upon what looked like a mountain settlement. As they explored it for anything useful, he stepped in some brush and a booby trap stake went through his pants and through the side of his right calf. It was a sharp bamboo stake about a foot long. He pulled out the stake and, a medic was called. He cleaned his leg with antiseptic and dressed the wound in the field. He continued to clean and dress his leg routinely for a few weeks until it healed, and the risk of infection was gone. He never did get a Purple Heart. He can't remember when this was. There are specific events that are etched in his brain but the context to him is Vietnam 1970/1971. He provides a 2012 VA rating printout reflective of service- connection for scars, related to a punctured wound, right leg. 3. Review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 23 October 1969, and he held military occupational specialty 11B (Light Weapons Infantryman). b. Special Orders Number 055, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA on 26 February 1970 awarded him the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar, M-16 * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) c. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Overseas Service) Vietnam from 15 May 1970 to 27 May 1971 * Item 38 (Record of Assignment) he was assigned as follows: * 10 June to 20 October 1970, Company D, 1st Battalion, 12th Infantry * 20 October to 2 December 1970, Headquarters and Headquarters Company, 4th Infantry Division * 2 December 1970 to 24 May 1971, Terminal Trans Unit, U.S. Army Pacific d. Headquarters, 4th Infantry Division published General Orders Number 5263 awarding him the Army Commendation Medal for service from 17 September to 15 October 1970. e. Headquarters, 4th Infantry Division published General Orders Number 5236 awarding him the Air Medal for meritorious achievement from 30 March to 20 October 1970. f. He was honorably released from active duty on 28 May 1971. His DD Form 214 shows he completed 1 year, 7 months, and 6 days of active service. It does not show award of the Purple Heart. It shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Aircraft Crewman Badge * Vietnam Campaign Medal * Air Medal * Army Commendation Medal * Expert Marksmanship Badge with Rifle Bar, M-14 * Sharpshooter Marksmanship Badge with Rifle Bar M-16 g. Nothing in several typical sources show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: (1) His name is not shown on the Vietnam casualty listing. This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart. (2) 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. This was generally the proper notification procedure for injuries at the time. (3) Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not record any wounds sustained as a result of hostile action. (4) A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. (5) His records do not contain contemporaneous medical records showing he was wounded as a result of hostile action or treatment for such injury. His Report of Medical Examination, dated 28 May 1971, does not reflect any injuries or treatment. i. His DA Form 20 shows he received “excellent” conduct and efficiency ratings throughout his military service. However, there is no indication he was awarded the Army Good Conduct Medal (1st Award). There is also no derogatory information in his file that would have disqualified him from receiving this award. 4. By regulation (AR 600-8-22), the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify: * the injury/wound was the result of hostile action * the injury/wound must have required treatment by personnel * the medical treatment must have been made a matter of official record 5. By regulation (AR 672-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service, 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. There must have been no convictions by a court-martial. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that partial 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 regulation. Upon review of the applicant’s petition and available military records the Board determined per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the request. 2. The Board further determined the evidence presented is sufficient to warrant a correction the record not otherwise requested. The Board noted that the applicant served over a year and received an honorable discharge. As his record is void of derogatory information, the Board agreed that he met the criteria for award of the Army Good Conduct Medal. 3. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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. In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented sufficient to warrant a 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 Army Good Conduct Medal (1st Award) for exemplary service from 23 October 1969 to 28 May 1971 and adding the medal to his DD Form 214 for the period ending 28 May 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): A review of the applicant’s service records shows he is entitled to awards not listed on his DD Form 214. As a result, amend his DD Form 214 to show the following awards: * 2 bronze service stars to be affixed to his already-awarded Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) 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 policies and procedures for military awards and decorations, to include the Purple Heart. 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 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. 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 the award. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * Injury caused by enemy bullet/shrapnel/other projectile created by enemy action * Injury caused by enemy-placed trap or mine * Injury caused by enemy-released chemical, biological, or nuclear agent * Injury caused by vehicle or aircraft accident resulting from enemy fire * Concussion injuries caused as a result of enemy-generated explosions * Mild traumatic brain injury 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 3. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 5. 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. 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. 6. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 to 28 March 1973. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During the applicant’s service in Vietnam, campaign participation credit was authorized for the below campaigns: * DA Sanctuary Counteroffensive, 1 May 1970-30 June 1970 * Vietnam Counteroffensive, Phase VII, 1 July 1970 to 30 June 1971 7. Department of the Army General Orders (DAGO) Number 52, dated 1971, awarded his unit, Headquarters and Headquarters Company, 4th Infantry Division, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 29 July 1969 to 17 November 1970 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000584 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1