IN THE CASE OF: BOARD DATE: 6 November 2020 DOCKET NUMBER: AR20200003141 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Purple Heart Certificate * DD Form 214 * Honorable Discharge Certificate 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 Army Board for Correction of Military Records (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 requests that his DD Form 214 be corrected with written acknowledgment of his Purple Heart Certificate for wounds he received in action on 13 May 1968 in the Republic of Vietnam. He believed the record to be in error or unjust due to human error with several miscommunications and is a key factor for any future benefits granted. 3. Review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 19 June 1967. His military occupational specialty was 82C (Artillery Survey Specialist). b. His DA Form 20 (Enlisted Qualification Record) was not available for review; however, his DD Form 214 shows in item 12 (Last Duty Assignment and Major Command) his last unit was Battery A, 1st Battalion, 211th Artillery, 197th Infantry Brigade (Vietnam). c. The applicant’s name appears on the Vietnam Casualty Roster with Code 23 (Hostile Wounded in Action: Not Serious Hospitalized), 13 May 1968. d. The applicant provides a certificate, dated 16 May 1968, showing he was awarded the Purple Heart for wounds received in action on 13 May 1968 in the Republic of Vietnam. e. His records do not contain and he did not provide orders awarding him the Purple Heart. f. He was honorably released from active duty on 18 June 1969 and transferred to the U.S. Army Reserve, in the rank/grade of private first class. 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 * Republic of Vietnam Campaign Medal with “1960” device * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * 2 Overseas Bars g. A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant. 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 relief is warranted. 2. The applicant’s injury as a result of hostile action is documented in the Army’s Vietnam casualty database, and the Board found this information, taken with the certificate the applicant provides, to support a recommendation for relief. The Board determined the applicant’s DD Form 214 should be corrected by adding the Purple Heart. 3. The Board concurred with the correction described in Administrative Note(s) below. 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Purple Heart to his DD Form 214 and by making the correction described in Administrative Note(s) below. 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 show his DD Form 214 contained administrative errors and/or omitted administrative entries. As a result, amend the DD Form 214 by adding 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (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 3. Department of the Army General Orders Number dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to: * Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 * Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003141 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1