ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  15 February 2019

	DOCKET NUMBER:  AR20160012814


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 10 December 1973 by adding:

* Purple Heart (Third Award)
* Combat Infantryman Badge

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Statement 

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 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 presented the Purple Heart medals and Combat Infantryman Badge while in the hospital, but none of them were documented on his DD Form 214.

3.  On 15 December 1994, his DD Form 214 for the period ending 10 December 1973 was administratively corrected to add the Bronze Star Medal with One Oak Leaf Cluster, Air Medal, Purple Heart, and Combat Infantryman Badge.  Therefore, the Combat Infantryman Badge will not be discussed further in this Record of Proceedings.  The Board will consider his request for correction of his DD Form 214 to show second and third awards of the Purple Heart.  

4.  After having prior service in the Army National Guard, he enlisted in the Regular Army on 5 August 1966.  He continued to serve on active duty through reenlistments.  

5.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  item 31 (Foreign Service) – he served in Vietnam from 15 January 1967 to 23 August 1968 and from 19 October 1969 to 12 August 1970.  

   b.  item 40 (Wounds) – an entry indicating he sustained a fragment wound to his left thigh on 1 September 1970 with no other entries showing he was wounded in action.

   c.  item 41 (Awards and Decorations) – no entry for the Purple Heart.  

6.  His service record does not include any orders for award of the Purple Heart.  

7.  The Vietnam Casualty Roster lists his name once, indicating he was wounded due to hostile action on 1 August 1970.  

8.  He provided a statement, dated 15 September 1971, from his commanding officer who stated:

	a.  The applicant received multiple bullet wounds in Vietnam in August 1970, was released from Medical Hold, and returned to duty with a permanent “L3” profile.  

	b.  He was examined at a military hospital that revealed a healed wound over the left hip.  He had full range of motion of both hips.

	c.  X-rays revealed several metallic fragments in the area of the left hip with a tract seen going across the pelvis through the right ischial ramus and a bullet imbedded in the soft tissue behind the right femoral neck.

	d.  He was evaluated for possible removal of bullet fragment in the soft tissues behind the right hip.  He was noted to be eligible for retention on active duty.  

9.  He was discharged on 10 December 1973.  His DD Form 214 for the period ending 10 December 1973 does not show he was awarded or authorized any awards of the Purple Heart.  

10.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.  

11.  Army Regulation 600-8-22 directs that, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded in action, the wound required treatment by medical personnel, and the treatment was made a matter of official record.  The applicant's service record is void of medical documents or other evidence which shows he was wounded as a result of hostile action on three separate occasions.  


BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence in the service record, applicable regulations, policy, and guidance.  In 1994, the applicant’s DD Form 214 for the period ending 10 December 1973, was administratively corrected to add the Bronze Star Medal with One Oak Leaf Cluster, Air Medal, Purple Heart, and Combat Infantryman Badge.  His records are void of any orders awarding him the Purple Heart.  There is no medical documents or other evidence available at this time which shows the applicant was wounded as a result of hostile action on three separate occasions.  Therefore the Board denies the applicant’s request for the second and third award of the Purple Heart.

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.
  
												___________X________________
												Chairperson

	 
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 NOTES: N/A

A review of the applicant's records shows he is authorized additional awards not listed on his DD Form 214.  As a result, amend the DD Form 214 with an effective date of 10 December 1973 by adding the:
* Army Commendation Medal - HQ, 101st Airborne Division (Airmobile), GO Number 6322, 15 September 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 62nd Engineer Battalion from 3 August 1967 to 9 February 1970, DAGO Number 43, 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 31st Infantry, 4th Battalion, 196th Infantry Brigade from 31 March to 30 June 1970, DAGO Number 6, 1974

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-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) states 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 medical personnel, and the medical treatment must have been made a matter of official record.

ABCMR Record of Proceedings (cont)	 AR20160012814
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