ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  4 March 2019

	DOCKET NUMBER:  AR20190000671


APPLICANT REQUESTS:  the Purple Heart be added his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Purple Heart Certificate

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 was inducted into the Army of the United States on 14 March 1967.

3.  His DA Form 20 (Enlisted Qualification Record) shows the following data:

* item 31 (Foreign Service) - he served in Vietnam from 21 September 1967 to 18 January 1968
* Item 38 (Record of Assignments) - he was hospitalized on 15 December 1967 in the 7th Field Hospital in Japan
* item 40 (Wounds) - entry indicating he sustained a gunshot wound to his abdomen and arms on 29 November 1967
* item 41 (Awards and Decorations) - no entry for the Purple Heart

4.  His service record includes a Western Union telegram addressed to his parents informing them that he had been placed on the seriously ill list in Japan on 17 December 1967 as the result of a gunshot wound to the abdomen (with intra-abdominal abscess).  He was evacuated from Vietnam to Japan on 15 December 1967.  

5.  His service record does not contain orders awarding him the Purple Heart.  The Vietnam casualty roster indicates he was wounded in action on 28 November 1967.  

6.  On 13 March 1969, he was released from active duty.  His DD Form 214 does not show the Purple Heart.  

7.  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 U.S. Army Human Resources Command, failed to reveal orders awarding the applicant the Purple Heart.  

8.  He provided a certificate, dated 29 November 1967 that shows he was awarded the Purple Heart for wounds received in action on 28 November 1967 in Vietnam.  

9.  By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded because of enemy action, that the wound required treatment by medical personnel, and that the treatment was 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 Board agreed the applicant’s Purple Heart certificate, the RVN casualty roster, and his DA Form 20 validates his entitlement 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:

In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 adding the Purple Heart to his DD Form 214 for the period ending 13 March 1969.


	 										___________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 is authorized additional awards not listed on his DD Form 214.  As a result, amend the DD Form 214 with an effective date of 13 March 1969 by adding the:

* Meritorious Unit Commendation  
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar 



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 while in action against an 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.


ABCMR Record of Proceedings (cont)	 AR20190000671
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