IN THE CASE OF: BOARD DATE: 22 November 2023 DOCKET NUMBER: AR20230004235 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and Bronze Star Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 6439, 23 May 1969 * St. Albans Naval Hospital Memorandum (Purple Heart Medal; Award of), 26 May 1969 * Congressional Email (Congressman's Office Regarding: (Applicant)), 24 July 2023 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 the Purple Heart and Bronze Star Medal are missing from his DD Form 214. 3. The applicant provided Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 6439, 23 May 1969, awarding him the Bronze Star Medal. As a result, this portion of his request will be addressed through an administrative correction and will not be discussed further in this record of proceedings. 4. He was inducted into the Army of the United States on 15 July 1968. 5. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), he received overseas tour credit for service in Vietnam from 1 April 1969 through 3 April 1970 (should read 23 May 1969); b. item 38 (Record of Assignments), he was assigned to the following units/ locations as indicated: * 29 April 1969 through on or about 23 May 1969 – rifleman – Company B, 1st Battalion, 8th Cavalry Regiment, 1st Air Cavalry Division, Vietnam * 24 May 1969 through 30 October 1969 – patient – U.S. Naval Hospital, St. Albans, NY c. item 40 (Wounds), no entries; d. item 41 (Awards and Decorations): * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 6. The St. Albans Naval Hospital memorandum from the commander (Purple Heart Medal; Award of), 26 May 1969, states the Secretary of the Navy authorized him to award the Purple Heart to the applicant for wounds received in actions against armed force enemies of the United States on 6 May 1969 in the area of Phou Vinh (Ph??c V?nh) in the Republic of Vietnam. 7. His military records show he underwent a medical board on 18 September 1969. The board noted: a. This is the first appearance before a medical board of the 20-year-old white male, U.S. Army, who was admitted to the hospital on 24 May 1969 with a diagnosis of fracture of the left ankle medial malleolus (bony bump on the inner side of the ankle). b. The applicant's history on admission, including review of the patient's records, revealed the applicant jumped from a helicopter during an operation in the Republic of Vietnam on 6 May 1969, twisting his left foot. The helicopter was approximately 7 feet from the ground at the time he jumped. X-rays at that time revealed a closed fracture of his left medial malleolus. The applicant was evacuated to the 106th General Hospital, Japan, where he had open reduction and internal fixation of his left medial malleolus performed with the use of a threaded screw. c. It is the opinion of the board that maximum benefits of hospitalization have been received. It is further the opinion of the board that the patient is not ready for full active duty and will not be ready for full active duty in the near future. It is therefore recommended that the applicant's case be referred to a physical evaluation board (PEB) for final adjudication. 8. His records contain a DA Form 1361 (Recommended Findings of PEB), 8 October 1969, showing the PEB determined he was physically unfit and recommended a disability rating of 30 percent with temporary retirement. 9. Department of the Army General Orders Number 59, 25 September 1969, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 1st Battalion, 8th Cavalry Regiment, during the period 9 August 1965 through 19 May 1969. 10. Department of the Army General Orders Number 42, 27 November 1972, confirmed award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to 1st Battalion, 8th Cavalry Regiment, during the period 1 January 1969 through 1 February 1970. 11. On 31 July 1985, he retired by reason of temporary physical disability. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Parachutist Badge * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal 12. The applicant's name does not appear on the Vietnam Casualty Roster and his military records are void of orders awarding him the Purple Heart. 13. 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 Awards and Decorations Branch, failed to reveal orders awarding him the Purple Heart. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, 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 regulation. 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 awarded the Purple Heart at St. Albans Naval Hospital memorandum from the commander (Purple Heart Medal; Award of), 26 May 1969 by the Secretary of the Navy for enemy actions on 6 May 1969 in the area of Phou Vinh (Ph??c V?nh) in the Republic of Vietnam. Based on this, the Board granted relief to correct the applicant’s records and award him the Purple Heart. 2. 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 :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 amending his DD Form 214 for the period ending 31 July 1985 to show 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): The applicant is authorized administrative correction of his DD Form 214 to show the following entries without Board action: * item 24 – * Bronze Star Medal * one bronze service star with his already awarded Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * item 30 – "Vietnam – 1 Apr 69 through 23 May 69, Indochina – Yes, Korea – No" 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 600-200 (Enlisted Personnel Management System), 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 of the DA Form 20. The date the wound or injury occurred would also be entered in item 40. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. When contemplating eligibility for the Purple Heart, the two critical factors commanders must consider is the degree to which the enemy or hostile force caused the wound and whether the wound was so severe that it required treatment by a medical officer. (1) 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 below. 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. (2) The key issue commanders must take into consideration when contemplating an award of this decoration 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 sole justification for award. (3) Examples of enemy-related injuries which justify award of the Purple Heart are as follows: * injury caused by enemy bullet, shrapnel, or 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 (4) Examples of injuries or wounds which do not justify award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot * heat stroke * food poisoning not caused by enemy agents * chemical, biological, or nuclear agents not released by the enemy * battle fatigue * disease not directly caused by enemy agents * accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * self-inflicted wounds, except when in the heat of battle and not involving gross negligence * post-traumatic stress disorder * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * mild traumatic brain injury 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 * abrasions and lacerations (unless of a severity to be incapacitating) * bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth) * first degree burns? b. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. Appendix B shows participation credit was awarded for the Tet 69 Counteroffensive 1969 Campaign from 23 February 1969 through 8 June 1969. 4. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time. provided that the authority to award the Purple Heart was delegated to hospital commanders. This regulation directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 5. Army Regulation 635-5 (Separation Documents), effective 23 May 1972, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in item 30 (Remarks) of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea. To show Vietnam service only, for example, enter "Vietnam – 25 Apr 70 through 28 May 71, Indochina – Yes, Korea – No." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004235 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1