IN THE CASE OF: 

		BOARD DATE:  7 October 2021

		DOCKET NUMBER: AR20210005298


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 17 January 1972 to show 
the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Letter issued by the Headquarters, 39th Engineer Battalion (Combat), Subject: 
Operational Report of 39th Engineer Battalion (Combat) for Period Ending 31 
July 1970, dated 31 July 1970
*	DD Form 214 for the period ending on 17 January 1972

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 (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:

a.	The records should be changed to reflect the awarding of the Purple Heart in 
May 1970 while stationed in South Vietnam with Company B, 39th Engineers. A tank 
struck a land mind and exploded and a second tank was struck with a rocket propelled 
grenade (RPG) and exploded. During the attack, he sustained an injury to his right arm 
due to shrapnel.

b.	When the attack was over, he was escorted to the medical unit where he was 
treated by a private first class and then returned to his unit. Later he was told by a 
captain and a sergeant that he would receive the Purple Heart.  When he left the base 
in November 1970, he still had not received the medal and thought it would be sent to 
him at his next duty station.

c.	His records should be corrected to show the medal was awarded after it was 
earned. Although the injury was not severe, the Purple Heart should be awarded. His 
only witness to the event is now deceased.

3.  The applicant provides a memorandum, issued by Headquarters, 39th Engineer 
Battalion (Combat), subject: Operational Report of 39th Engineer Battalion (Combat) for 
Period Ending 31 July 1970, which states: 

Enemy activities during the report period were heavy especially during the 
route 523/524 project. On 25 May 1970, 3 personnel from B Company were 
medicvac[e]d after 2 Sheridan tanks were hit, one by mine, the other by a RPG 
round during the recon of Route 523. A total of six (6) vehicles were destroyed by 
mines; one bucket loader, one five-ton dump and one 290M were declared 
combat losses, while another five-ton dump, a D7E dozer, and a CEV hit mines 
and required 3rd shop repair.

Ten Company B and three TDY from the 137th Engineer Company (LE) 
personnel were wounded during the project nine of whom were medivac[e]d. 
Thirty-six mines and booby traps ranging from ‘Bouncing Betty’s’ to 250lb bombs 
were detected and blown in place. Seven fire fights occurred while B Company 
was working on Route 523/524.

Enemy action on Route 525 has been moderate with one 5-ton proof truck 
hitting a mine and to date 8 mines uncovered and blown in place. However, one 
man was KIA and two WIA on 27 July when one man detonated an M-16 mine. 
The only other enemy activity that occurred during the report period involved two 
culverts, one on GL-1 the other on Route 5B which were blown but repaired by 
the following day.”

4.  On 11 July 1969, the applicant enlisted in the Regular Army. 

5.  His DA Form 20 (Enlisted Qualification Record) reflects the following:

*	Item 31 (Foreign Service): 4 January 1970 through 28 November 1970 – U.S. 
Army Pacific (USARPAC), Vietnam 
*	Item 38 (Record of Assignments): 6 December 1969 – 24 November 1970, 
Company B, 39th Engineer Battalion, USARPAC, Vietnam
*	Item 40 (Wounds): None
*	Item 41 (Awards and Decorations): does not show the Purple Heart

6.  His DD Form 214 for the period ending 17 January 1972 shows he was honorably 
released from active duty and transferred to the U.S. Army Reserve. He completed 2 
years, 6 months, and 7 days of net service this period. This document does not show he 
was awarded the Purple Heart.
7.  The Vietnam Casualty Roster does not reflect the applicant's name.

8.  A review of the Awards and Decorations Computer Assisted Retrieval System 
maintained by the U.S. Army Human Resources Command, which is an index of 
general orders issued during the Vietnam era between 1965 and 1973, failed to reveal 
any orders for the Purple Heart.

9.  A DD Form 215, issued on 17 March 2016, shows his record was corrected to add 
several awards; however, the Purple Heart was not listed. 


BOARD DISCUSSION:

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

2.  The Board found insufficient evidence confirming the applicant's claim that he 
incurred a wound for which he should have received the Purple Heart.  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.  In the absence of evidence confirming 
that all criteria for the Purple Heart were met, the Board determined there is an 
insufficient basis for adding the award to his record at this time.  


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:

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.


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 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 (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, 
and administrative instructions concerning individual and unit military awards.  

   a.  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.

   b.  A wound is defined as an injury to any part of the body from an outside force or 
agent sustained under one or more of the conditions listed above. A physical lesion is 
not required. However, the wound for which the award is made must have required 
treatment, not merely examination, by a medical officer. Additionally, treatment of the 
wound will be documented in the Service member's medical and/or health record. 
Award of the Purple Heart may be made for wounds treated by a medical professional 
other than a medical officer, provided a medical officer includes a statement in the 
Service member's medical record that the extent of the wounds was such that they 
would have required treatment by a medical officer if one had been available to treat 
them.

   c.  When contemplating an award of the Purple Heart, the key issue that 
commanders must take into consideration is the degree to which the enemy caused the 
injury. The fact that the proposed recipient was participating in direct or indirect combat 
operations is a necessary prerequisite, but is not the sole justification for award.  

3.  AR 635-5 (Separation Documents) in effect at the time, states that the DD Form 214 
will reflect the conditions and circumstances that existed at the time the records were 
created. The purpose of the separation document is to provide the individual with 
documentary evidence of his or her military service at the time of release from active 
duty, retirement, or discharge. It is important that information entered on the form be 
complete and accurate and reflects the conditions as they existed at the time of 
separation. Personnel officers will prepare and authenticate DD Form 214WS 
(Worksheet) prior to forwarding records to the transfer facility. All available records will 
be used as a basis for the preparation of DD Form 214WS, including DA Form 20 
(Enlisted Qualification Record) and orders.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210005298


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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