ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  7 June 2019

	DOCKET NUMBER:  AR20190004700


APPLICANT REQUESTS:  award of Purple Heart (PH) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the PH.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* letter, Veterans Administration, dated 13 May 1971

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 was wounded in combat and received a PH but it is not annotated on his DD Form 214.  He is receiving 100 percent disability compensation for his wounds received in Vietnam.  He did not realize he was not awarded the PH until he went to get a PH license plate and found it was not on his DD Form 214.

3.  On 7 May 1968, he was inducted into the Army of the United States and served in Vietnam from 10 April 1969 through 23 October 1969. 

4.  His records contain a Western Union Telegram, dated 22 October 1969, showing his family was sent notification of wounds he received "by fragments from a booby trap while on a combat operation" in Vietnam on 20 October 1969.  

5.  On 29 October 1969, a Western Union Telefax shows his family was notified he arrived at Camp Zama, Japan.  His disposition was noted as expected evacuation to the U.S. in approximately 10 weeks.

6.  Item 40 (Wounds) of the DA Form 20 shows "FW" (fragment wound) chest, "B" (burns) arms, "B" legs, FX (fracture) upper (L) leg, 20 October 1969.

7.  His name is shown on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam.  The casualty status code entered is 23 (hostile wounded in action, not serious, hospitalized).  

8.  His records contain no orders for the PH.

9.  On 28 April 1971, he was retired from active service and placed on the temporary disability retired list.  His DD Form 214 does not show award of the PH.

10.  He provided a letter from the Veterans Administration, dated 13 May 1971, showing he was granted 100 percent disability for multiple shell fragment wounds of the face, neck, arms, legs, abdomen and buttocks, which were incurred in service and were 100 percent disabling.

11.  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:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the Western Union message to family and the wounds annotated on the DA Form 20, the Board concluded that he applicant provided sufficient evidence to be awarded 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:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Purple Heart for injuries incurred on                  20 October 1969, in the Republic of Vietnam.
2.  Prior to closing the case, the Board noted the administrative notes below from the analyst of record and recommended those changes also 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 records shows he was authorized awards not shown on his DD Form 214 for the period ending 28 April 1971.  As a result, amend the DD Form 214 for the period ending 28 April 1971 by deleting the Vietnam Service Medal and adding the Vietnam Service medal with two bronze service stars and 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.


ABCMR Record of Proceedings (cont)	 AR20190004700


3


1