IN THE CASE OF: BOARD DATE: 14 July 2022 DOCKET NUMBER: AR20210015940 APPLICANT REQUESTS: to be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Medical documents * DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge), dated 5 October 1967 * Department of Veterans Affairs (VA) documents 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 he was injured while serving in the Republic of Vietnam and was unaware the injuries he sustained met the eligibility requirements of the Purple Heart. 3. A review of the applicant's available service records reflects the following: a. On 5 November 1965, the applicant was inducted into the Army of the United States. b. On or about 23 November 1966, the applicant was sent to the Republic of Vietnam to serve with Headquarters and Headquarters Detachment, 39th Signal Battalion. c. On or about 29 October 1967, the applicant departed the Republic of Vietnam. d. On 5 October 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). e. On 27 October 1971, U.S. Army Reserve Components Personnel and Administration Center issued Letter Orders Number 10-1242593 honorably discharging the applicant from the USAR. f. DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), is void of an entry. 4. The applicant provides: a. Medical documents reflective of healthcare the applicant received while in the military. On 5 December 1966, the applicant was seen by medical staff with a complaint of stiffness to his neck. The causative action related to this condition is not fully developed; he noticed it when he suddenly turned his head. The applicant was returned to duty. b. VA documents reflective of the applicant receiving compensation for what is referred to as degenerative arthritis of the spine (claimed as neck strain). 5. 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 applicant'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 not warranted. 2. The Board found no evidence in the available records indicating the applicant was injured as a result of hostile action, which is a requirement for award of the Purple Heart. Based on a preponderance of the evidence, the Board determined the applicant is not authorized the Purple Heart. ? 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 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) 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) AR20210015940 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1