IN THE CASE OF: BOARD DATE: 18 November 2021 DOCKET NUMBER: AR20210011192 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4980-10 (Purple Heart Certificate) * DD Form 214 * Photographs 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, in effect, when he was reviewing his service record he realized that the Purple Heart that he was awarded was not listed on his DD Form 214. He requests the Purple Heart that he was awarded be added to his DD Form 214. 3. A review of the applicant's service record shows: a. The applicant's DA Form 20 (Enlisted Qualification Record) shows that: * Item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or Ordered to Active Duty): enlisted in the Regular Army (RA) 7 September 1967 * Item 22 (Military Occupational Specialty (MOS)): 11B (Light Weapon Infantryman) * Item 31 (Foreign Service): served in the Republic of Vietnam for the period of 14 April 1968 through 9 April 1969 * Item 40 (Wounds): Fragmentation wound to back, right army and head on 6 November 1968 * Item 41 (Awards and Decorations): * National Defense Service Medal * Air Medal * Parachutist Badge * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with 1960 Device * Overseas Service Bar (2nd Award) * Bronze Star Medal * Expert Marksmanship Qualification Badge with Rifle Bar b. DA Form 8-275-3 (Clinical Record Cover Sheet) shows on 6 November 1968 the applicant was admitted to the 67th Evacuation Hospital for multiple fragmentation wounds from an exploded booby trap to his back, right arm, head for which he received treatment. The Purple Heart was awarded per General Orders Number 306, dated 7 November 1968. c. The applicant was honorably released from active duty on 4 September 1970. His DD Form 214 shows he completed 2-years, 11-months, and 27-days of active service. It also shows the applicant was awarded: * National Defense Service Medal * Vietnam Service Medal with 3 bronze service stars * Vietnam Campaign Medal with 1960 Device * Combat Infantryman Badge * Parachutist Badge * Air Medal * Bronze Star Medal * 2 Overseas Service Bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) d. 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 pertaining to the applicant. e. The applicant's name is shown on the Vietnam casualty listing (this is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart). The listing shows he was wounded in action on 6 November 1968 with casualty code 23 (wounded in action, not serious hospitalized). 4. The applicant provides: a. DA Form 4980-10 that shows he was awarded the Purple Heart for wounds received in action on 6 November 1968 in the Republic of Vietnam. b. Collage of three photographs: * 173rd Airborne Brigade Vietnam Combat Certificate * Multiple awards and decorations including the Purple Heart * Soldier in utility uniform with the 173rd Airborne Brigade patch BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board found the evidence confirms the applicant was wounded as a result of hostile action and awarded the Purple Heart. The Board determined the Purple Heart should be added to his DD Form 214. 3. The Board further found the applicant met the criteria for the Arm Good Conduct Medal (1st Award). The Board determined he should be awarded this medal and it should be added to his DD Form 214. 4. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX 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: * Awarding him the Army Good Conduct Medal (1st Award) for the period 7 September 1967 through 4 September 1970 * Adding to his DD Form 214 the Purple Heart and Army Good Conduct Medal (1st Award) * Making the corrections 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. ADMINSTRATIVE NOTE(S): The applicant is authorized additional awards that were not recorded on his DD Form 214. Correct his DD Form 214 by adding the following: * Four Bronze Service Stars with his Vietnam Service Medal * 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 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 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 Paragraph 2-8 (Purple Heart), While clearly an individual decoration, the Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. The Purple Heart is awarded in the name of the President of the United States to any member of an Armed Force of the United States under the jurisdiction of the Secretary of the Army who, after 5 April 1917, has been wounded, killed, or who has died or may hereafter die of wounds received, under any 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 United States are or have been engaged * While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party * As the result of an act of any such enemy or opposing Armed Forces * As the result of an act of any hostile foreign force To qualify for award of the Purple Heart the wound must have been of such severity that it required treatment, not merely examination, by a medical officer. A wound is defined as an injury to any part of the body from an outside force or agent. A physical lesion is not required. * Treatment of the wound will be documented in the member's medical and/or health record * Award may be made for a wound treated by a medical professional other than a medical officer provided a medical officer includes a statement in the member's medical record that the severity of the wound was such that it would have required treatment by a medical officer if one had been available to provide treatment 3. AR 600-200, chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 4. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 5. Department of the Army General Orders Number 51, issued in 1971, authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 1st Battalion, 503rd Infantry, for the period 5 May 1965 through 26 September 1970. 6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms the applicant served in Vietnam during the following campaigns. Army Regulation 600-8-22 states a Bronze Service Star is authorized for wear with the Vietnam Service Medal for each campaign in which a Soldier participated. * Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968 * Vietnam Counteroffensive Phase V, 1 July - 1 November 1968 * Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969 * Tet 69/Counteroffensive, 23 February - 8 June 1969 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011192 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1