IN THE CASE OF:  

		BOARD DATE:  26 October 2020

		DOCKET NUMBER:  AR20200003542


APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to add the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Purple Heart Certificate, dated 6 April 1968

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code (USC), 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 his Purple Heart was not added to his service record.

3.  A review of the applicant's official records shows the following:

	a.  On 16 April 1966, the applicant was inducted into the Army of the United States.

	b.  DA Form 20 (Enlisted Qualification Record) shows the applicant served in 
Vietnam from on or about 10 October 1967 to on or about 5 April 1968 with B Troop,    
7th Squadron, 17th Cavalry.

	c.  On 5 April 1968, the applicant was honorably released from active duty.  He 
completed 1 year, 11 months, and 18 days of net service.  He was awarded or 
authorized:

*	National Defense Service Medal
*	Vietnam Service Medal
*	Combat Infantryman Badge
*	Vietnam Campaign Medal with 1960 Device
*	Army Good Conduct Medal
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

	d.  Nothing in several typical sources shows he was injured or wounded as a result 
of hostile action or that he was awarded the Purple Heart:

*	his medical records, which would have listed any injuries and treatment of 
such injuries, are not available for review with this case 
*	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)
*	a review of the Awards and Decorations Computer Assisted Retrieval System 
maintained by the U.S. Army Human Resources Command, which is an index 
of General Orders issued during the Vietnam era between 1965 and 1973, 
failed to reveal any orders for the Purple Heart pertaining to him

4.  The applicant provides a Purple Heart Certificate presented to him for wounds 
received in action in the Republic of Vietnam on 18 March 1968.

5.  See applicable references below. 

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board found insufficient 
evidence to grant relief for award of the Purple Heart.  The Board acknowledges that the 
applicant provided a Purple Heart certificate that indicates it was presented for wounds 
received on 18 March 1968 in the Republic of Vietnam.  The Board agreed that the 
certificate does not contain an order number and that all awards are announced by 
orders.  Regrettably, the Board determined that insufficient documentation or supporting 
statements were provided or found within the record showing the applicant received a 
wound while in direct combat with the enemy, was treated by military medical 
personnel, and the records available do not indicate any wounds or scars that could 
have derived from a combat injury.  Therefore the applicant did not meet the regulatory 
requirements for the Purple Heart to be added to his records.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


		  
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.


REFERENCES:

1.  Title 10, USC, 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 600-8-22 (Military Awards) in effect at the time, 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

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200003542


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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