ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
	BOARD DATE:  3 June 2019

	DOCKET NUMBER:  AR20170013656


APPLICANT REQUESTS: 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 sustained an injury in Vietnam and would like to know if he 
can get a Purple Heart.

3.  Review of the applicant’s service records shows: 

	a.  He enlisted in the Regular Army on 15 November 1966.  

	b.  He served in Vietnam from 4 April 1968 to on or about 18 June 1969.  He was 
assigned to the 129th maintenance Support Company. 

	c.  On 19 June 1969, he was released from active duty and transferred to the United 
States Army Reserve.  His DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) shows he completed 2 years, 7 months and 5 days of active 
service.  It also shows he was awarded or authorized:

*	National Defense Service Medal
*	Vietnam Service Medal
*	Vietnam Campaign Medal with 2 bronze service stars
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  There is no evidence of record in several typical sources that shows he was injured 
or wounded as a result of hostile action or that he was awarded the Purple Heart:

	a.  His medical records, which would have listed any injuries and treatment of such 
injuries, are not available for review with this case. 

	b.  His name is not shown on the Vietnam casualty roster, a compilation of most of 
those who were wounded in Vietnam, that is used to verify eligibility for the Purple 
Heart. 

	c.  His records do not contain an official Army notification or a Western Union 
telegram notifying his next of kin of an injury.  This was a normal notification procedure 
during the Vietnam War.

	d.  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.

5.  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.

6.  By regulation, the Army Board for Correction of Military Records (ABCMR) begins its 
consideration of each case with the presumption of administrative regularity.  The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.  The ABCMR will decide cases on the evidence of record; it is not an 
investigative body. 

BOARD DISCUSSION:

Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or 
have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found 
insufficient medical evidence to meet the regulatory standard for the Purple Heart and 
thus recommended denying the request.


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 noted the administrative note below from the 
analyst of record and recommended that change 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 record shows he is authorized additional awards not 
annotated on his DD Form 214.  As a result, delete the Vietnam Service Medal add the 
Vietnam Service Medal with 3 bronze service stars.


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 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR.  The ABCMR begins 
its consideration of each case with the presumption of administrative regularity, which is 
that what the Army did was correct.  The ABCMR is not an investigative body and 
decides cases based on the evidence that is presented in the military records provided 
and the independent evidence submitted with the application.  The applicant has the 
burden of proving an error or injustice by a preponderance of the evidence. 

ABCMR Record of Proceedings (cont)	 AR20170013656

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