IN THE CASE OF: BOARD DATE: 24 January 2024 DOCKET NUMBER: AR20230006222 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 under the Provisions of Title 10, U.S. Code, Section 1552) * Self-authored Letter, 24 September 2017 * DA Form 20 (Enlisted Qualification Record), 20 June 1972 (page 4 only) * Headquarters, 25th Infantry Division, General Orders Number 8331, 23 November 1968 * Silver Star Citation for the period March 1969 to February 1970 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 June 1972 * Veterans Service Officer Letter, undated * Military Biography for Sergeant (SGT), undated 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's complete military records are not available for review. The Board requested his records from the National Personnel Records Center in St. Louis, MO, but no records were located. This case is being considered based on his DD Form 214 and the documents he provided. 3. He states he was serving as an assistant team leader for Company F, 50th Infantry Regiment, in the Republic of Vietnam on 27 October 1968. His unit was on a "stay behind" mission. After the air rifles had departed, his unit was attacked later that evening just before dark. He received shrapnel in his back, which forced him to stand down for 2 weeks before returning to his team. Another Soldier, SGT , was severely wounded. His paperwork for award of the Purple Heart was never processed. 4. His DD Form 214 covering his prior active service is not available for review. 5. Page 4 of his DA Form 2-1 shows in: a. item 39 (Campaigns): * Vietnam Counteroffensive Phase III * Tet Counteroffensive * Vietnam Summer-Fall 1969 * Vietnam Winter-Spring 1970 * Tet 69 Counteroffensive 1969 * Vietnam Counteroffensive Phase VI * Vietnam Counter Offensive Phase V b. item 40 (Wounds): * Fragment wounds received in back – 27 October 1968 * Shrapnel in head – January 1969 * Bullet wound in foot and shoulder – May 1969 c. item 41 (Awards and Decorations): * National Defense Service Medal * Vietnam Service Medal * Silver Star * Bronze Star Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * four overseas service bars * Combat Infantryman Badge (1st Award) * Army Commendation Medal * Bronze Star Medal with 1st Oak Leaf Cluster * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 6. Headquarters, 25th Infantry Division, General Orders Number 8331, 23 November 1968, awarded him the Silver Star for gallantry in action on 27 October 1968 in the Republic of Vietnam. The narrative reason states:? [Applicant] distinguished himself by heroic actions on 27 October 1968, while serving as an assistant team leader with Company F, 50th Infantry in the Republic of Vietnam. When his unit came under an intense enemy attack, the friendly force was forced to call for a helicopter extraction. Although he was wounded, [Applicant] carried a wounded comrade 150 meters to the extraction site. Upon arriving at the landing zone, it was discovered that additional flares were needed. With complete disregard for his own safety, [Applicant] made his way back through the bullet swept area and secured the desperately needed flares. His valorous actions contributed immeasurably to the success of the mission and the defeat of the enemy force. [Applicant's] personal bravery, aggressiveness, and devotion to duty are in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, the 25th Infantry Division, and the United States Army. 7. The Bronze Star Medal with First Oak Leaf Cluster Citation states he distinguished himself by meritorious service in connection with military operations against hostile force during the period March 1969 to February 1970 while serving as Heavy Weapons Advisor, Mobile Advisory Team IV-81, Advisory Team 66, Delta Military Assistance Command, U.S. Army Advisory Group, IV Corps Tactical Zone, U.S. Military Assistance Command, Vietnam. 8. The applicant's name is not listed on the Vietnam casualty roster. 9. On 22 June 1972, he was honorably discharged from active duty. He completed 3 years, 9 months, and 7 days of net active service during this period, including 1 year, 9 months, and 26 days of foreign and/or sea service. His DD Form 214 shows in: * item 30 (Remarks) – Vietnam Service from 16 September 1968 through 15 February 1970 (1 year and 5 months) * item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized – * National Defense Service Medal * Army Commendation Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Bronze Star Medal * four overseas service bars * Army Good Conduct Medal * Combat Infantryman Badge * Silver Star * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 10. The letter of support from the Veterans Service Officer, undated, states she has been working with the applicant on a Department of Veterans Affairs disability claim. The applicant told her about his service in Vietnam and the injuries he sustained, but was never awarded a Purple Heart for any of the injuries. She requested a review of his service records as the applicant as expressed his deep wishes to receive the Purple Heart. He is in poor health and suffers from severe, often times, debilitating post- traumatic stress disorder due to his service in Vietnam. 11. The 3-page military biography for SGT states he was killed by small arms fire during combat missions in the Republic of Vietnam while serving in Company F, 50th Infantry Regiment. 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. The applicant Silver Star award recommendation annotated the applicant was wounded and carried a wounded comrade 150 meters to the extraction site. Further, evidence in the record show the applicant was wounded in action on 27 October 1968, while serving in Vietnam. The applicant’s personnel qualification data card showed in item 40 (Wounds) it identified on three separate occasions the applicant being wounded by hostile forces. The Board determined, based on regulatory guidance the applicant met the criteria for award of the Purple Heart. As such, the Board granted relief. 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 22 June 1972, 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 awards without Board action: * Bronze Star Medal (2nd Award) * one silver service star and two bronze service stars with his Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 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 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 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. 3. 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. 4. 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. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized 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. A silver service star is worn instead of five bronze service stars. 5. The Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973 is a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230006222 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1