ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 April 2019 DOCKET NUMBER: AR20190001108 APPLICANT REQUESTS: the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Report of Separation from Active Duty) for the period ending 5 November 1973 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: a. He was told that the Purple Heart would be awarded to him, but he never received it. During the chaos of the operation, he had forgotten about it. b. He was wounded by glass from enemy fire through the windshield and received treatment in the field hospital at Khe Sanh. c. He was told the Purple Heart would be awarded at a ceremony in Quang Tri in a few weeks. He was awarded the Silver Star at that ceremony. He was told that due to time constraints, the Purple Heart would be awarded at a future time. d. He did not remember about the medal until he was discharged and realized it was not included on the DD Form 214. 3. After completing prior enlisted service, the applicant was appointed as a Reserve warrant officer on 2 November 1970 with a concurrent call to active duty. 1. 4. His DA Form 66 (Officer Qualification Record) shows in: * item 17 (Foreign Service) - he served in Vietnam from 20 January 1971 to 5 January 1972 * item 18 (Record of Assignments) - no entry indicating he was in a patient status or transferred to a hospital * item 21 (Awards and Decorations) - no entries for the Purple Heart 5. On 5 November 1973, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Standby). His DD Form 214 does not show the Purple Heart. 6. The Vietnam casualty roster lists the applicant's name and shows he was wounded in action on 15 February 1971. 7. 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. 8. 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: 1. The Board carefully considered the applicant’s request, his statement and the evidence in the records. The Board discussed the absence of medical records, but found his inclusion on the Vietnam casualty roster compelling evidence. The Board determined that the preponderance of evidence support awarding his the Purple Heart. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 1. 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 full relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 1. Awarding him the Purple Heart for wounds received on 15 February 1971 and; 2. amending the applicant’s DD Form 214 for the period of service ending 5 November 1973 to reflect award of the Purple Heart. 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 an additional award not listed on his DD Form 214. As a result, amend the DD Form 214 with an effective date of 5 November 1973 by adding the 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 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.