BOARD DATE:  8 June 2020

		DOCKET NUMBER:  AR20190011193


APPLICANT REQUESTS:  award of the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Standard Form (SF) 89 (Report of Medical History), dated 4 April 1968
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
	Discharge), for the period ending 25 May 1968

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the ABCMR 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 Vietnam and sent for surgery and to Cam 
Ranh Bay for recovery.  Although it is a bit blurry, his medical records show he was 
treated in 1967 for leg surgery where they removed shrapnel.

3.  A review of the applicant’s service records show:

	a.  He was inducted into the Army of the United States on 25 May 1966.  He held 
military occupational specialty 11B (Light Weapons Infantryman). 

	b.  He served in Vietnam from 18 November 1966 to 12 November 1967.  He was 
assigned to Company A, 1st Battalion, 35th Infantry.

	c.  His Report of Medical History, dated 4 April 1968, shows a positive response to 
the question in item 31 (Have you had or have you been advised to have any 
operations?), in which the applicant hand wrote the comment “Age 21, Leg operation for 
removal of shrapnel.”

	d.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not 
indicate a wound or date of wound. 

	e.  His name is not listed on the Vietnam Casualty Roster. 

	f.  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 Military Awards Branch of the U.S. Army Human 
Resources Command, failed to reveal orders awarding him the Purple Heart and his 
name does not appear on the Vietnam Casualty Roster.

	g.  The applicant was honorably released from active duty on 24 May 1968.  His  
DD Form 214 shows he completed 2 years of active service.  It also shows he was 
awarded or authorized:

*	National Defense Service Medal
*	Vietnam Service Medal with two bronze service stars
*	Overseas Service Bar
*	Combat Infantryman Badge
*	Republic of Vietnam Campaign Medal with 1960 Device
*	Marksman Marksmanship Qualification Badge with Rifle Bar
*	Marksman Marksmanship Qualification Badge with Machine Gun Bar

5.  By regulation, the criteria for an award of the Purple Heart requires the submission of 
substantiating evidence to verify:

*	the injury/wound was the result of hostile action
*	the injury/wound must have required treatment by personnel
*	the medical treatment must have been made a matter of official record  

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief was / was not warranted.

2.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  

2.  


		  
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.





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) provides Army policy, criteria, and 
administrative instructions concerning individual military decorations.  It states the 
Purple Heart is awarded in the name of the President of the United States and is limited 
to members of the Armed Forces of the United States who, while serving in any 
capacity with one of the U.S. Armed services after 5 April 1917, have been wounded, 
were killed, or who have died or may hereafter die of wounds received under some of 
the following circumstances;

*	In any action against an enemy of the United States
*	In any action with an opposing armed force of a foreign country in which the
	Armed Forces of the U.S. are or have been engaged
*	While serving with friendly foreign forces engaged in an armed conflict against an 
	opposing armed force in which the U.S. is not a belligerent party.
*	As the result of an act of any such enemy of opposing Armed Forces
*	As the result of an act of any hostile foreign force

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190011193


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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