IN THE CASE OF: 
BOARD DATE:  19 October 2022 
DOCKET NUMBER: AR20220005649 

APPLICANT REQUESTS: entitlement to the Purple Heart (PH). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•DD Form 214 (Armed Forces of the United States Report of Transfer orDischarge)



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states, in effect, he was wounded while serving in the Republic ofVietnam (RVN) after landing on a hot landing zone. He was medically evacuated off themountain to a medical site where shrapnel was removed from five different locations onhis body. He was issued a PH, but there is no record of it on his DD Form 214.

3.The applicant was inducted into the Army of the United States on 18 June 1968.

4.His DA Form 20 (Enlisted Qualification Record) contains the following information:

a.items 31 (foreign Service) and 38 (Record of Assignments), and 40 (Wounds)show: 

•served in the RVN from 13 December 1968 to 17 January 1970

•served with Company C, 1st Battalion (Airmobile), 502nd Infantry Regimentwhile in the RVN

•received multiple fragment wounds to the left thigh and right chest on 12March 1969



b.Item 38 also shows he received all "excellent" conduct and efficiency ratingsthroughout his service. His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. 

5.His records contains several DA Forms 8-275-3 (Clinical Record Cover Sheet) andStandard Forms 513 (Clinical Record – Consultation Sheet) which notes he receivedfragment wounds and was injured during a mortar attack on 12 March 1969.

6.On 19 January 1970, he was honorably released from active duty as an overseasreturnee in the rank/grade of specialist five/E-5. The DD Form 214 he was issued showshe was awarded or authorized the:

•National Defense Service Medal

•Bronze Star Medal

•Vietnam Service Medal

•Meritorious Unit Citation

•Combat Infantryman Badge

•RVN Gallantry Cross with Palm Unit Citation

•RVN Campaign Medal with Device (1960)

•Air Medal

•Army Commendation Medal

•Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

•Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



7.The applicant's name is listed on the Vietnam Casualty Roster which shows he wasbattle wounded in action on 12 March 1969.


BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the military record, 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. Evidence in the record show the applicant received multiple fragment wounds to the left thigh and right chest on 12 March 1969 in the Republic of Vietnam.  The applicant is listed on the casualty roster which shows he was battle wounded. The Board determined, based on regulatory guidance the applicant met the criteria for award of the Purple Heart.  The Board found sufficient evidence to grant relief. 



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 Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Purple Heart for injuries incurred on 12 March 1969, while serving in Vietnam. 



Microsoft Office Signature Line...
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): 

In accordance with Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), make the following corrections to his DD Form 214 for the period ending on 19 January 1970 without action by the Board. 

a.delete the Vietnam Service Medal; and

b.add the -

•Vietnam Service Medal with 4 bronze service stars


•RVN Civil Actions Honor Medal, First Class Unit Citation




REFERENCES: 

1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice. This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3-year statute of limitations if the ABCMR determines itwould be in the interest of justice to do so.

2.Army Regulation 600-8-22 (Military Awards) states, the PH is awarded to membersof the Armed Forces of the United States who, while serving under the authority withany of the U.S. Armed Services, have been wounded, were killed, or who have died ormay hereafter die of wounds received as a result of hostile enemy action. The wound,injury, or death must have been the result of hostile enemy action, the wound or injurymust have required treatment, not merely examination, by a medical officer or a medicalprofessional, provided a medical officer include a statement in the Service member'smedical record that wounds would have required treatment by a medical officer if onehad been available. Additionally, treatment of the wound will be documented in theService member's medical and/or health record.

3.Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army GoodConduct Medal was awarded for each 3 years of continuous enlisted active Federalmilitary service completed on or after 27 August 1940; for the first award only, 1 yearserved entirely during the period 7 December 1941 to 2 March 1946; and, for the firstaward only, upon termination of service on or after 27 June 1950 of less than 3 yearsbut more than 1 year. The enlisted person must have had all "excellent" conduct andefficiency ratings. There must have been no convictions by a court-martial.

4.Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn onthe appropriate service ribbon, to include the Vietnam Service Medal, for each creditedcampaign. The applicant participated in the following four campaigns:

•Vietnamese Counteroffensive Phase VI, 2 November 1968 - 22 February 1969

•Tet 69/Counteroffensive, 23 February - 8 June 1969

•Vietnam Summer - Fall 1969, 9 June - 31 October 1969

•Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970



5.Department of the Army General Order 43, dated 1970, awarded the 502d Infantry,1st Battalion the Republic of Vietnam Civil Actions Honor Medal First Class UnitCitation, for the period 18 March 1968 to 2 May 1970.

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