IN THE CASE OF:  

		BOARD DATE:  27 February 2021

		DOCKET NUMBER:  AR20200000791


THE APPLICANT REQUESTS:  the applicant, spouse of the deceased former service 
member (FSM), requests, correction of the FSM's DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) for the period ending 3 March 1972 to 
add the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Marriage License
*	DD Form 214
*	FSM’s Certificate of Death

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, in effect, the Purple Heart cannot be included on the FSM’s 
headstone if the award is not listed on his DD Form 214.

3.  On 29 January 1969, the FSM was inducted into the Army of the United States.

4.  His DA Form 20 (Enlisted Qualification Record) shows:

*	he was awarded military occupational specialty (MOS) 52B (power generator 
operator/mechanic) 
*	he served in the Republic of Vietnam (RVN) from 22 July 1970 to 13 June 1971
*	no award of the Purple Heart
*	no combat wounds

5.  His name is not listed on the Vietnam Casualty Roster and his record is void of 
evidence indicating he was wounded in combat while serving in the RVN.
6.  The applicant was honorable released from active duty on 3 March 1972.

7.  Regulatory guidance 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.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
The FSM’s record is void evidence that shows he was awarded the Purple Heart.  
Therefore, the Board determined there is insufficient evidence to grant relief.

2.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction is completed to more accurately depict 
the military service of the applicant.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

Except for the correction addressed in Administrative Note(s) below, the Board found 
the evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


		  
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):  Administratively correct item 24 (Decorations, Medals, 
Badges, Commendations, Citations and Campaigns Awarded or Authorized) -

	a.  The following evidence is sufficient to administratively correct item 24 of the 
FSM'S DD Form 214 - 

*	DA Form 20
*	Army Regulation 600-8-22 (Military Awards)
*	DA Pamphlet 672-3
*	Department of the Army General Order Number 8, dated 1974

	b.  correct item 24 of the FSM's DD Form 214 to add the Republic of Vietnam 
Gallantry Cross with Palm Unit Citation.

REFERENCES:

1.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 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 3-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.

3.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation 
Credit Register) was published to assist commanders and personnel officers in 
determining or establishing the eligibility of individual members for campaign 
participation credit, assault landing credit, and unit citation badges awarded during the 
Vietnam Conflict.  This pamphlet shows that Department of the Army General Order 
Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm 
Unit Citation, to the below units, of which the applicant's unit was subordinate:

	a.  Headquarters, United States Military Assistance Command and its subordinate 
units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the 
period 20 July 1965 to 28 March 1973.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200000791


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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