ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 March 2019 DOCKET NUMBER: AR20160019828 APPLICANT REQUESTS: the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Bronze Star Medal * Air Medal * Purple Heart APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Bronze Star Medal certificate/citation 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 awarded the Bronze Star Medal and the Air Medal based on his service in Vietnam * these awards do not appear on his DD Form 214 and he would like it to be corrected * he was injured in Vietnam, spent time in the 22nd Evacuation Hospital, and is entitled to the Purple Heart due to that injury * the Department of Veterans Affairs (VA) granted him 50 percent service-connected disability due to the post-traumatic stress disorder and is he entitled to the Purple Heart due to that service-connected disability 3. The applicant's DD Form 214 already shows the Air Medal; therefore, this portion of his request will not be discussed further in this Record of Proceedings. 4. The applicant's request for the Bronze Star Medal to be added to DD Form 214 is supported by sufficient evidence. Therefore, it will be administratively corrected and not considered by the Board. The Board will consider the Purple Heart. 5. The applicant was inducted into the Army of the United States on 15 December 1967. 6. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) - he served in Vietnam from 4 September 1968 to 27 August 1969 * item 38 (Record of Assignments) - no entry indicating he was in a patient status or transferred to a hospital * item 40 (Wounds) - no entry (blank) * item 41 (Awards and Decorations) - no entries for the Purple Heart 7. On 1 September 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 does not show the Purple Heart. 8. The Vietnam casualty roster does not list the applicant's name. 9. His military personnel records contain a Standard Form 88 (Report of Medical Examination) dated 30 August 1969 that includes physician's notes indicating the applicant had a cosmetically hindering scar on the left side of his face and a recommendation to repair scar. A Standard Form 89 (Report of Medical History) dated 30 August 1969 notes he had a laceration of the left upper eyelid with multiple healed lacerations or scars on his face and chin. Neither form documents the cause of the injuries. 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 for the Purple Heart pertaining to the applicant. 11. By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded because of enemy action, the wound required treatment by medical personnel, and the treatment was made a matter of official record. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions and medical concerns were carefully considered. Based upon the preponderance of evidence, the Board agreed the medical documents provided do not show the severity of his injuries, nor whether the injuries were caused by hostile enemy forces, which would entitle him to a 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. 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): 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 1 September 1969 by adding the: * Bronze Star Medal - HQs, 101st Airborne Division, GO Number 8626, 10 July 1969 * Army Commendation Medal - HQs, 101st Airborne Division, GO Number 11022, 23 August 1969 * Vietnam Service Medal with four bronze service stars * Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar - HQs, U.S. Army Training Center, Fort Bragg, NC, SO Number 47, 16 February 1968 * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar - HQs, 3rd Training Brigade, Fort Jackson, SC, SO Number 54, 30 March 1968 * Marksman Marksmanship Qualification Badge with Machine Gun Bar - HQs, 3rd AIT, Fort Jackson, SC, SO Number 55, 12 April 1968 * Republic of Vietnam Gallantry Cross with Palm Unit Citation - 327th Infantry from 19 July 1968 to 14 May 1969, DAGO Number 43, 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 327th Infantry from 18 March 1968 to 2 May 1970, DAGO Number 48, 1971 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 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160019828 0 3 1