IN THE CASE OF: BOARD DATE: 9 December 2020 DOCKET NUMBER: AR20200004116 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. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Recommendation for Decoration for Valor or Merit, 8 April 1969 * DD Form 1380 (U.S. Field Medical Card), 12 August 1969 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 record contains sufficient evidence to support correction of his DD Form 214 by adding other awards. His DD Form 214 will be administratively corrected without Board action by deleting the Vietnam Service Medal and adding: * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation 3. The applicant states his Purple Heart is not on his DD Form 214. He was wounded on 29 December 1968 and awarded the Purple Heart on 12 April 1969. 4. The applicant provides: a. A recommendation for decoration for valor or merit, dated 8 April 1969, which shows the applicant was recommended for the Purple Heart for action on 29 December 1968. His battalion commander recommended approval on 8 April 1969 and forwarded the indorsement to the brigade commander. Item 22 (Recommendation and Forwarding Indorsement of the Group Commander) annotates “Approved,” however, the item is not signed by the brigade commander. b. A field medical card, dated 12 August 1969, which shows in item 14 (Diagnosis) “shrap[nel] wound left lower quadrant.” 5. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 2 May 1967. He held military occupational specialty 93F (Artillery Ballistic Meteorology Crewman). b. He served in Vietnam from 5 March 1968 to 5 March 1969. He was assigned to 6th Battalion, 84th Artillery. c. On 6 March 1969, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 10 months, and 5 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Good Conduct Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Campaign Medal * Vietnam Service medal * two overseas service bars 6. 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, failed to reveal orders awarding him the Purple Heart. 7. The applicant's name does not appear on the Vietnam Casualty Roster. 8. His record is void of documentation showing an entry in item 40 on his DA Form 20 (Enlisted Qualification Record). Additionally, his record does not contain a Western Union telegram notifying his next of kin he was wounded during combat. 9. By regulation, 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, and the medical treatment must have been made a matter of official record. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement and his record of service and documents provided by the applicant. Evidence in the record show a field medical card which shows the applicant was wounded with shrapnel in the left lower quadrant. The applicant provided a recommendation for decoration for valor or merit, dated 8 April 1969, which shows the applicant was recommended for the Purple Heart for action on 29 December 1968. His battalion commander recommended approval on 8 April 1969 and forwarded the indorsement to the brigade commander, but was not signed by the Brigade Commander. The Board determined, based on regulatory guidance the applicant met the criteria for award of the Purple Heart. The Board found sufficient evidence to grant relief. 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 XXX XX XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 ending 6 March 1969 by awarding him 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: A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending in 6 March 1969. As a result, amend his DD Form 214 by deleting the Vietnam Service Medal and adding: * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation, DAGO 54, dated 1974. REFERENCES: 1. Title 10, United States 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. a. Paragraph 2-8 (Purple Heart) states the Purple Heart is awarded in the name of the President of the United States and is limited to members of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed services after 5 April 1917, have been wounded, were killed, or who have died or may hereafter die of wounds received under some of the following circumstances; * In any action against an enemy of the United States * In any action with an opposing armed force of a foreign country in which the Armed Forces of the U.S. are or have been engaged * While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party. * As the result of an act of any such enemy of opposing Armed Forces * As the result of an act of any hostile foreign force b. Paragraph 2-14 (Vietnam Service Medal) states the Vietnam Service Medal is awarded to all 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. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. A silver service star denotes five bronze service stars. 3. Department of the Army General Orders awarded the 6th Battalion, 84th Artillery the Republic of Vietnam Gallantry Cross with Palm Unit Citation, 1 August 1965 to 16 April 1971, by DAGO 54, dated 1974. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200004116 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1