ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  20 June 2019

	DOCKET NUMBER:  AR20170012776


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).

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 received a Purple Heart, but he has no paperwork and his ex-wife burned his warrant [sic].  He says his service treatment record shows he was wounded in Vietnam.  

3.  A review of the applicant’s service records shows: 

	a.  He enlisted in the Regular Army on 6 May 1968.  

	b.  He served in Vietnam from 18 June 1969 to 14 March 1970.

	c.  General Orders (GO) Number 2020 awarded him the Army Commendation Medal for the period 10 August 1969 to 9 February 1970.

	d.  GO Number 2974 awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for the period June 1969 to June 1970.

	e.  He was honorably released from active duty on 14 March 1970.  His DD Form 214 shows he completed 1 year, 1 month, and 9 days of active service.  It also shows he was awarded or authorized National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

4.  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 the applicant. 

5.  His name is not shown on the Vietnam casualty listing.  His records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action.

6.  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
* 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 the relief was not warranted.  The applicant’s contentions were carefully considered.  He did not provide evidence that shows he sustained wartime injuries caused by enemy forces, in the form of medical documentation, unit casualty records, or sworn eyewitness statements to name a few.  Based upon the preponderance of evidence, the Board determined there is insufficient evidence to grant relief.

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:

1.  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.

2.  Prior to closing the case, the Board did note the administrative notes below by the analyst of record and recommended those changes be completed to more accurately depict the military service of the applicant.
	 
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 service records show he is authorized additional awards not annotated on his DD Form 214.  As a result, delete the Vietnam Service Medal and add to his DD Form 214 the following:

* Army Commendation Medal (2nd Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


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 (AR) 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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.  

	a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:  frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action.

3.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

4.  AR 672-5-1 (Decorations, Awards, and Honors) stated that the Republic of Vietnam Gallantry Cross Unit is awarded to an individual assigned to, and present for duty with, a unit at anytime during the period of action cited, or an individual who was attached by competent orders to, and present for duty, with a unit for a minimum of 30 consecutive days of the period of action cited is authorized to wear Republic of Vietnam
Gallantry Cross Unit Citation Badge as a permanent part of the uniform. 

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 				AR20170012776



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