ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

		IN THE CASE OF:  

		BOARD DATE:  20 October 2022

		DOCKET NUMBER:  AR20210017449


APPLICANT REQUESTS: reconsideration of his previous request to show he was 
entitled to and awarded the Purple Heart (PH).

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Two witness statements

FACTS:

1. Incorporated herein by reference are military records, which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20120019112, boarded on 14 May 
2013.

2.  The applicant states he believes he is entitled to the Purple Heart due to injuries he 
received while in combat in Vietnam.

3.  The applicant provides:

a.	A statement from who states he was in Vietnam from October 1970 to 
September 1071, located in the Quang Ngai Province, and he served with the applicant 
from 2 August 1970 to 20 September 1971. He served as the applicant’s squad leader 
and as his platoon leader. He confirms that the applicant was wounded and medevac’d 
to Cam Ranh Bay Vietnam, where he was hospitalized for 3 to 4 weeks. He confirms 
that the applicant was never awarded the Purple Heart for the wounds he endured as a 
Soldier in the Army.  

b.	A statement from who states he is writing this letter to support the 
applicant’s efforts to be awarded the Purple Heart concerning his wound. He is familiar 
with [applicant’s] injury since they were stationed together in Vietnam. In addition, this 
letter is written to confirm to the best of his memory that he was wounded during their 
service in South Vietnam on and about September 1970, Quang Tri Providence, South 
Vietnam. [He] came to Alpha Company 2nd. Platoon from the hospital at Cam Ranh 
Bay Air Force Base in August 20, 1970, where he had been treated for an injury on his 
buttocks, which resulted in extensive surgery... [Applicant] had been in a heavy firefight 
and was wounded while others in his platoon were killed in and around the demilitarized 
zone area. [The applicant] talked often about his survival while his friends did not 
survive, especially a close friend named from. In the 9 1/2 months of jungle warfare, [the 
applicant] was an exceptional Soldier.

4.  A review of the applicant’s service record shows the following information:

a.	He was inducted into the Army of the United States on 19 February 1970. He 
was later awarded military occupational specialty 11B (Light Weapons Infantryman). 

b.	His DA Form 20 (Enlisted Qualification Record), item 42 (Wounds), does not 
contain any entries identifying wounds he sustained during his service in Vietnam. 

c.	His DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) for the period ending on 21 September 1971 shows he was honorably 
released from active duty and he was transferred to the U.S. Army Reserve (USAR) 
Control Group (Annual Training) to complete his remaining service obligation. He 
completed 1 year, 7 months, and 3 days of net service this period. Item 24 
(Decorations, Medals, Badges, commendations, citations and Campaign Ribbons 
Awarded or Authorized) does not reflect the Purple Heart.

5.  A review of the Vietnam Casualty Roster does not reveal the applicant’s name.

6. A 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 U.S. Army Human Resources Command Military Awards 
Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

7.  In ABCMR Docket Number AR20120019112, 14 May 2013, the Board denied his 
request for a Purple Heart. The Board concluded there was no evidence of record that 
shows he was wounded or injured as a result of hostile action in Vietnam. 


BOARD DISCUSSION:

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

2. The Board noted the statements the applicant provided from fellow Soldiers but found 
those statements insufficient as a basis for awarding him the Purple Heart. In the 
absence of military service records or medical records confirming he was wounded as a 
result of hostile action to a degree that required treatment by a medical officer, the 
Board determined the available evidence does not support award of the Purple Heart.

3. The Board concurred with the corrections described in Administrative Note(s) below.


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:

Other than the corrections addressed in Administrative Note(s) below, the Board 
determined the evidence presented does not demonstrate the existence of a probable 
error or injustice. Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis to amend the decision of the ABCMR set forth in Docket 
Number AR20120019112, dated 14 May 2013.
 
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.


ADMINISTRATIVE NOTE(S):

A review of the applicant’s records shows he is authorized additional awards not listed 
on his DD Form 214. As a result, amend his DD Form 214 by:

a.	Deleting the Army Commendation Medal.

b.	Adding the following awards:

*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Army Commendation Medal (Second Award)
REFERENCES:

1.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and 
administrative instructions concerning individual military decorations. The PH is 
awarded for a wound or wounds sustained in action against an enemy or as a result of 
hostile action. Substantiating evidence must be provided that verifies the wound 
resulted from hostile action, required treatment by medical personnel, and that the 
treatment was made as matter of official record. A wound is 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 by medical personnel and records of medical 
treatment for wounds or injuries received in action must have been made a matter of 
official record.

2.  Department of the Army Order (DAGO) 8, 1974, announced award of the Republic of 
Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, 
United States Military Assistance Command, and its subordinate units during the period 
8 February 1962 to 28 March1973 and Headquarters, United States Army Vietnam, and 
its subordinate units during the period 20 July 1965 to 28 March 1973.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active duty service or control of the Active Army. It established standardized policy for 
preparing and distributing the DD Form 214. The instructions states to list awards and 
decorations for all periods of service.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20210017449

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