IN THE CASE OF:  

		BOARD DATE:  23 February 2022

		DOCKET NUMBER:  AR20210014558


APPLICANT REQUESTS: correction of his record to be awarded the Purple Heart. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	VA Form 21-4142 (Authorization and Consent to Release Information to the 
Department of Veterans Affairs (VA))
*	VA Benefits Claim Letter
*	Medical Records 
*	Photographs of injury
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
	Discharge), ending on 16 October 1969

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 pertinent part, he should have been awarded the Purple 
Heart for injuries sustained in Vietnam. He received incoming mortar attacks regularly 
and was struck in the knee with mortar shrapnel on or about 12 May 1968. It was not life 
threatening but a field dressing was applied. On 13 May 1968, they were mortared 
again and lost 12 Soldiers that were either wounded or killed in action. Although minor, 
he was still wounded in combat. The shrapnel was removed on 12 November 1969 by 
Dr. .

3.  A review of the applicant's official records shows:

	a.  On 17 October 1967, the applicant was inducted into the Army of the United 
States.

	b.  DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) 
the applicant served in Vietnam from 8 April 1968 – 7 April 1969 and he served with B 
Battery, 2nd Battalion, 321st Artillery Regiment, 82nd Airborne Division.

	c.  Nothing in several typical sources shows the applicant was injured or wounded as 
a result of hostile action or that he was awarded the Purple Heart:

*	DA Form 20, item 40 (Wounds) is void of any entries showing he was 
wounded as a result of enemy action
*	his name is not 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)
*	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 him

	d.  The applicant was honorably released from active duty on 16 October 1969. 
DD Form 214 shows he completed 2 years of net service with 1 year of foreign service. 
He was awarded or authorized:

*	National Defense Service Medal
*	Vietnam Service Medal
*	Vietnam Campaign Medal
*	Bronze Star Medal
*	Two overseas service bars
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  The applicant provides:

   a. VA Form 21-4142 showing he requested medical records related to the removal of 
shrapnel from his knee. 

   b.  VA Benefits Claim Letter requesting compensation benefits for service-connected 
injuries to include shrapnel injury to right knee.

	c.  Medical records/note with documented treatment of shrapnel of the knee on 
12 November 1969.

	d.  Photographs of injury where shrapnel entered the knee.




BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was warranted. The Board carefully considered the applicant's record of service, 
documents submitted in support of the petition and executed a comprehensive and 
standard review based on law, policy and regulations. One potential outcome was to 
deny relief based on name not on casualty roster for being wounded.  However, upon 
review of the applicant’s petition and available military records, the Board majority 
determined there was sufficient evidence to grant award of the Purple Heart.  The Board 
agreed, evidence in the record shows that shrapnel was removed from the applicant’s 
knee and that he is currently service compensation for his wounds. Although, the 
applicant was not listed on the casualty roster, the Board determined based on 
regulatory guidance the applicant met the criteria for award of the Purple Heart. The 
Board found sufficient evident to grant relief. 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:X	:	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 amending his 
DD Form 214 for the period ending 16 October 1969 to show award of the Purple Heart.


		  
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 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 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.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210014558


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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