IN THE CASE OF: BOARD DATE: 2 February 2023 DOCKET NUMBER: AR20220006827 APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect both of the Purple Hearts he was awarded. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 effect, he was awarded two Purple Hearts while in service; however, his DD Form 214 only reflects one. He would like this injustice corrected prior to his death. 3. The applicant provides a copy of his DD Form 214, which shows he was honorably released and transferred to the U.S. Army Reserve on 26 February 1971, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 5, separation program number (SPN) 413, school release. He served 1 year, 11 months, and 2 days of net service this period. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show he was awarded the following: * National Defense Service Medal * Bronze Star Medal, with 2 oak leave cluster (OLC) * Combat Infantry Badge * Republic of Vietnam Campaign Medal * 2 Overseas Service Bars * Purple Heart * SPS M14 * Expert M16 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 25 March 1969. b. DA Form 20 (Enlisted Qualification Record), item 41 (Awards and Decorations), show he was awarded the following: * National Defense Service Medal * Vietnam Service Medal * Bronze Star Medal * Combat Infantry Badge * Bronze Star Medal, with 1 OLC * Republic of Vietnam Campaign Medal * 2 Overseas Service Bars * Purple Heart (crossed out) * Purple Heart (authority data cited) * Bronze Star * SPS M14 * Expert M16 c. He accepted nonjudicial punishment (NJP) as follows: * On 28 June 1970, for failing to go at the time prescribed to his appointed place of duty on 27 June 1970 * On 6 November 1970, for failing to salute a commissioned officer on 5 November 1970 d. His DD Form 214 reflects he was honorably released and transferred to the U.S. Army Reserve on 26 February 1971. 5. By regulation, the criteria for award of the Purple Heart require it to be awarded to Soldiers for wounds or injuries received as a result of enemy action. The wounds must have required treatment by medical personnel and made a matter of official record. Official documentation reflecting medical treatment for the wounds or injuries must be provided. 6. His name is listed on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. 7. 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 Awards and Decorations Branch, revealed orders for a Bronze Star medal awarded to the applicant; however, failed to reveal orders for award of the Purple Heart. BOARD DISCUSSION: Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the treatment must have been made a matter of official record. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :xx :xx :xx 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, United States Code, 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) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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. Examples of enemy-related injuries include injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. 3. The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national 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, died or sustained wounds as a result of hostile action. Effective 19 May 1998, award of the Purple Heart is limited to members of the Armed Forces of the United States. ABCMR Record of Proceedings (cont) AR20220006827 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1