IN THE CASE OF: 
BOARD DATE: 30 January 2023 
DOCKET NUMBER: AR20220008226 

APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) 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 or Discharge), 16 December 1971 


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. 
A review of the applicant's record and Army regulations shows the applicant is entitled to additional awards not currently listed on his DD Form 214. These awards will be addressed through an administrative correction without action by the Board. 

3. 
The applicant states, in effect, while serving in Vietnam he was wounded due to shrapnel being inserted in his body and the medic who took care of his injuries was shot and unable to write the report. 

4. 
The applicant enlisted in the Regular Army on 24 April 1968 and held military occupational specialty 11E (Armor Crewman). 

5. 
His DA Form 20 (Enlisted Qualification Record) contains the following information: 


a. Items 31 (Foreign Service) and 38 (Record of Assignments) shows he served in Vietnam from 28 February 1969 to 25 February 1970 with the following units: 
(1) 
23rd Armored Group Administrative Company Detachment, from 2 March 1969 to 13 March 1969 

(2) 
A Troop, 1st Squadron 1st Cavalry Division, from 14 March 1969 to 23 February 1970 

b. 
Item 38 also shows all excellent conduct and efficiency ratings. 

c. 
Item 40 (Wounds) does not list any wounds. 



d. 
Item 44 (Time Lost under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) references 2 days absent without leave (AWOL). 


6. His DD Form 214 shows he was honorably released from active duty on 16 December 1971 after completing 3 years, 7 months, and 21 days of net active service, with two days of lost time. Additionally, he was awarded or authorized the following awards: 
. 
National Defense Service Medal 

. 
Republic of Vietnam Campaign Medal with Device (1960) 

. 
Army Commendation Medal 

. 
two overseas bars 

. 
Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 

. 
Vietnam Service Medal 

. 
Combat Infantry Badge 

. 
Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 


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

8. 
The applicant’s Official Military Personnel File (OMPF) does not contain any of the following documentation normally used to help verify entitlement to award of the Purple Heart: 

. 
Western Union Telegrams and/or letters 

. 
casualty feeder reports 

. 
medical records indicating hospital/patient status . orders/awards citations referencing injury or wounds 

. 
his name is not listed on the Vietnam Casualty Roster 



9. 
Army Regulation (AR) 600-8-22 (Military Awards) states criteria for award of the Purple Heart requires the wound is a result of hostile enemy action, the wound required treatment by a medical officer, the treatment of the wound was documented in the medical record. 

10. 
The applicant’s record does not contain evidence of a court-martial conviction, nor that his commander disqualified him for award of the Army Good Conduct Medal. He received all excellent conduct and efficiency ratings. 


BOARD DISCUSSION: 
1. 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant’s contentions, the military record, and regulatory guidance. 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 medical treatment must have been made a matter of official record. Based on the preponderance of the documentation available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 

2. 
Prior to closing the case, the Board did note that the applicant received "excellent" conduct and efficiency ratings throughout his service and, in the absence of evidence that would otherwise make him ineligible, his record should be correction show the award of the Army Good Conduct Medal. 


BOARD VOTE: 
Mbr 1  Mbr 2  Mbr 3  
:  :  :  GRANT FULL RELIEF  
:X  :X  :X  GRANT PARTIAL RELIEF  
:  :  :  GRANT FORMAL HEARING  
:  :  :  DENY APPLICATION  

BOARD DETERMINATION/RECOMMENDATION: 
1. 
In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 16 December 1971 to show the award of the Army Good Conduct Medal. 

2. 
The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any other relief not stated above. 


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): Administratively correct the applicant's DD Form 214 to add the following awards: 
. 
Republic of Vietnam Gallantry Cross with Palm Unit Citation 

. 
Vietnam Service Medal with 3 bronze service stars 


REFERENCES: 
1. 
Title 10, U.S. 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. 
AR 600-8-22 (Military Awards) states: 


a. 
The Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the Army Services, has been wounded or killed or who has died or may hereafter die after being wounded. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. 

b. 
a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During the applicant's service in Vietnam, he participated in the following three campaigns: 

. 
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 




3. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "Unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders. 
4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows that A Troop, 1st Squadron 1st Cavalry Division, was cited for award of Republic of Vietnam Gallantry Cross with Palm from 24 August 1969 through 31 December 1969 under Department of the Army General Order 42. 
//NOTHING FOLLOWS//