IN THE CASE OF: 

		BOARD DATE:  14 July 2022

		DOCKET NUMBER: AR20210015799


APPLICANT REQUESTS:  for the former service member (FSM) to be authorized the 
Purple Heart for wounds sustained on 22 September 1968.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge), dated  
25 May 1970
*	Marriage License
*	Certificate of Death 

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 the FSM was wounded while serving in the Republic of Vietnam 
and should have been authorized the Purple Heart. As his surviving spouse, she would 
like his records to be updated and the medal provided to her. 

3.  A review of the FSM's records reflects the following: 

   a.	On 11 January 1968, the FSM was inducted into the Army of the U.S. to serve in 
military occupational specialty 11B (Light Weapons Infantryman). 

   b.	On or about 22 June 1968, the FSM was reassigned to the Republic of Vietnam. 

   c.	On 22 September 1968, the FSM sustained a fragmentary wound to his right 
hand. The causative action related to this injury is unknown.  

   d.	On 7 October 1968, the FSM departed the Republic of Vietnam. 
   e.	On 25 May 1970, the FSM was released from active duty and transferred into the 
U.S. Army Reserve (USAR) Control Group (Annual Training). DD Form 214:

	(1)  Item 24 (Decorations, Medals, Badges, Commendations, Citations and 
Campaign Ribbons Awarded or Authorized) reflects:

*	National Defense Service Medal
*	Vietnam Service Medal with 2 Bronze Service Stars
*	Vietnam Campaign Medal
*	2nd Class Gunner Badge (M-60)
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

      (2)  Item 30 (Remarks) reflects Vietnam Service from 22 June 1868 –  
7 October 1968, Wounds – Fragment Wound (Right) Hand – 22 September 1968 – 
Vietnam.
      
4.  Review of the Awards and Decorations Computer-Assisted Retrieval System 
(ADCARS), an index of general orders issued during the Vietnam era between 1965 
and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human 
Resources Command, failed to reveal any orders for the Purple Heart. 

6.  The FSM's name is not reflected on the Vietnam Casualty Roster.  


BOARD DISCUSSION:

1. After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is warranted.  

2. The Board found the evidence confirms the FSM was wounded as a result of hostile 
action during his service in Vietnam and was entitled to the Purple Heart.  The Board 
determined the FSM’s record should be corrected by awarding him the Purple Heart 
and adding the medal to his DD Form 214.



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 awarding him the Purple 
Heart for a wound incurred as a result of hostile action on 22 September 1968 and by 
adding the Purple Heart to his DD Form 214.

		  
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. The award is limited 
to members of the Armed Forces of the United States who, while serving under 
competent authority 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 any of the following circumstances:

      (1)  In any action against an enemy of the United States.

      (2)  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.
      
      (3)  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.

      (4)  As the result of an act of any such enemy of opposing Armed Forces.

      (5)  As the result of an act of any hostile foreign force.
      
      (6)  Servicemembers who are killed or wounded in action by friendly fire. The 
Secretary of the Army will treat a Service member of the Armed Forces in the same 
manner as a Service member who is killed or wounded in action as the result of an act 
of an enemy of the United States.

3.  Included as part of the Department of Defense Appropriations Act for fiscal year 
1994 was an amendment to the rules governing award of the Purple Heart. While the 
original rules established that the Purple Heart would be awarded to individuals killed or 
wounded as a result of hostile action the amendment enabled the Secretaries of each 
department to award the Purple Heart to members of the armed forces who were killed 
or wounded in action by weapons fire, while directly engaged in armed conflict, other 
than as the result of an act of an enemy of the United States. This ruling granted the 
service Secretaries the authority to award the Purple Heart to individuals directly 
engaged in armed conflict who were killed or wounded as a result of "friendly fire."

4.  AR 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of 
each case with the presumption of administrative regularity. The applicant has the 
burden of proving an error or injustice by a preponderance of the evidence.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210015799


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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