ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 March 2019 DOCKET NUMBER: AR20180016978 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding: * Purple Heart (PH) * Army Commendation Medal (ARCOM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army Commendation Medal Citation * General Orders Number 1055, Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), dated 19 June 1971 * DD Form 214 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 awards of the ARCOM and the PH. He provided General Order Number 1055, dated 19 June 1971, awarding him the ARCOM. He did not receive orders for the PH. 3. The applicant's request for the ARCOM to be added to his DD Form 214 is supported by sufficient evidence, therefore it will be administratively corrected and not discussed further in this Record of Proceedings. The Board will consider his request for award of the PH. 4. On 3 September 1969, he was order to active duty and commissioned as a second lieutenant in the U.S. Army Reserve. 5. He served in Vietnam from 21 October 1970 through 17 June 1971. 1. 6. Several DA Forms 2876 (Report of Change for DA Form 20 or DA Form 66 (Officer Qualification Record)) show: a. On 1 April 1971 he was a patient at U.S. Naval Hospital, Guam. b. On15 April 1971, he was a patient at U.S. Army Hospital, Fort Polk, LA. 7. His records contain SF Form 93 (Report of Medical History), dated 9 February 1972, showing he was given a separation examination. a. The form shows the statement "General health good but have problems with right leg. Right leg far from being normal resulting from [multiple fragment] wounds while in [Republic of Vietnam]." b. Items 19 (Have you ever been a patient in any type of hospital?) and 25 (Physician's summary and elaboration of all pertinent data) show he received medical treatment for multiple fragment wounds in March and April 1971. 8. On 21 March 1972, he was released from active duty. The DD Form 214 he was issued at that time does not list the Purple Heart among his awards. 9. His name is on the Vietnam Casualty Roster, which shows he was wounded as a result of hostile action. 10. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the PH. 11. 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 a medical officer, and the medical treatment must have been made a matter of official record. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions and medical documents were carefully considered. Based upon the preponderance of evidence, and the fact his name is listed on the Vietnam casualty roster as wounded by hostile forces, the Board agreed he is entitled to the Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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 awarding him the Purple Heart for wounds caused by enemy forces on 25 March 1971, and adding the award to his DD Form 214 for the period ending 21 March 1972. ___________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 NOTE(S): A review of the applicant's records shows he was authorized award of the Army Commendation Medal not shown on his DD Form 214. As a result, amend the DD Form 214 with an effective date of 21 March 1972 by adding: * Army Commendation Medal * 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 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 a medical officer, and the medical treatment must have been made a matter of official record. //NOTHING FOLLOWS//