ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


BOARD DATE: 11 June 2019 
DOCKET NUMBER: AR20190003698

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

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Standard Form 180 (Request Pertaining to Military Records), dated 29 January 
2019
*	Internet printout, Wilbraham, MA Veterans agents
*	Letter from the MA Department of Veterans Service, dated 12 February 2019
*	Letter from the National Personnel Records Center, dated 28 March 2019
   *	Self-authored statement 
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, the Purple Heart was given to him at the 91st Evacuation 
(Hospital) in Chu Lai, Vietnam but this award is not reflected on his DD Form 214.

3.	The applicant was inducted into the Army of the United States on 12 May 1970. He 
was assigned to Vietnam from 14 October 1970 through 13 October 1971 and he 
served with Company B, 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade from 
28 October 1970 to 3 October 1971.

4.	The applicant's record does not contain orders awarding him the Purple Heart; 
however, item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he 
sustained fragment wounds to his face on 20 April 1971. Additionally, his name is also 
listed on the Vietnam casualty roster, wherein it indicates he was battle wounded by a 
booby-trap on 20 April 1971.



5.	He was honorably released from active duty on 22 November 1971. His DD Form 
214 does not reflect the Purple Heart.

6.	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.

BOARD DISCUSSION:

1.	The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records. The Board discussed the entry on his DA Form 20 showing he 
was wounded and the inclusion of his name on the Vietnam Casualty roster. The Board 
determined, despite the absence of orders, there was sufficient evidence to award the 
applicant the Purple Heart for wounds received in Vietnam.

2.	After reviewing the application and all supporting documents, the Board found that 
relief was warranted.
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 correction in the Administrative Notes below, 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 his the Purple Heart for wounds received on 20 April 1971 and;
      -	amending his DD Form 214 for the period of service ending 22 November 1971 
to show award of the Purple Heart.






2 July 2019

X 
Chairperson
Signed by: 


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): Correct the applicant's DD Form 214 to add 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 (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.