IN THE CASE OF: 

		 			BOARD DATE: 21 June 2023

					DOCKET NUMBER: AR20220009597


APPLICANT REQUESTS: award of the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	Two DD Forms 149 (Application for Correction of Military Record)
*	Army Review Boards Agency (ARBA) Letter
*	Standard Form 600 (Health Record – Chronological Record of Medical Care)
*	Two DD Forms 214 (Armed Forces of the United States Report of Transfer or 
Discharge)


FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, United 
States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident 
Thereto). 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, during his Vietnam service, he sustained wounds caused by a 
U.S. grenade (i.e., friendly fire). They never awarded him the Purple Heart, but the 
applicant points out this occurred while he was on a patrol in enemy territory. In support 
of his request, he supplies copies of his DD Form 214 and the SF 600 associated with 
his wound's treatment. The medical document shows that, on 22 October 1968, medical 
authority treated the applicant after he had sustained a "frag wound 2° (secondary to) 
explosion of one of our own grenades...."

3.  The applicant's service record is unavailable for review; the National Personnel 
Records Center (NPRC) states another agency has checked out the applicant's records. 
However, the documents provided by the applicant offer sufficient information for a 
determination. The applicant's DD Form 214 shows the following:

	a.  On 6 March 1967, the applicant enlisted into the Regular Army for a 3-year term; 
the DD Form 214 lists his primary military occupational specialty as 76Y (Unit and 
Organizational Supply Specialist). On 27 June 1968, the applicant arrived in Vietnam; 
on 28 June 1968, he completed his tour, and orders reassigned him to a unit in the 
continental United States. On 5 March 1970, the Army honorably released the applicant 
from active duty and transferred him to the U.S. Army Reserve for the remainder of his 
military service obligation.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) lists the following:

*	Army Good Conduct Medal (1st Award)
*	National Defense Service Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Expert Marksmanship Qualification Badge with Rifle Bar
*	Two overseas service bars

4.  The Vietnam Casualty Roster is a listing of Vietnam-era casualties commonly used 
to verify the entitlement to the award of the Purple Heart. The applicant's name is not 
reflected.

5.  Army Regulation (AR) 600-8-22 (Military Awards), currently in effect, prescribes 
policies and procedures for the individual and unit military awards. 

	a.  Per paragraph 2-8 (Purple Heart), the Purple Heart is 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. 

	b.  Paragraph 2-8b (8) states, "After 7 December 1941, pursuant to (Title) 10 USC 
1129 (Purple Heart: Members Killed or Wounded in Action by Friendly Fire), as a result 
of friendly fire provided the member was killed or wounded in action by friendly weapon 
fire while directly engaged in armed conflict, other than the result of an act of an enemy 
of the United States, unless (in the case of a wound) the wound is the result of the willful 
misconduct of the member."

	c.  Beyond showing that a Soldier sustained a wound or injury, approval of the 
Purple Heart requires substantiating evidence validating that the wound was serious 
enough to require treatment by medical personnel, and the medical personnel must 
have recorded the treatment as a matter of official record. 

BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not 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 regulation.  Upon review of the applicant’s petition and available military records the 
Board determined there is no medical record showing the applicant received wounds 
caused by enemy forces that required treatment by medical personnel. The burden of 
proof rest on the applicant and the applicant provided no new evidence to support his 
claim for award of the Purple Heart. The Board agreed there was insufficient evidence 
that showed the applicant’s name on the casualty listing or notification to his family that 
he had been wounded. There is no medical record showing the applicant received 
wounds caused by enemy forces that required treatment by medical personnel.

2.  Furthermore, the Board determined that no documentation or supporting statements 
indicated the applicant had loss of consciousness or restriction from full duty for a 
period greater than 48 hours due to persistent signs, symptoms, or physical finding of 
impaired brain function as specified in the criteria for award of the Purple Heart. 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 this, the Board denied relief. 

3.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction is completed to more accurately depict 
the military service of the applicant.


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:

Except for the correction addressed in Administrative Note(s) below, the Board found 
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.


ADMINISTRATIVE NOTE(S):

1.  AR 635-5 (Separation Documents), in effect at the time, stated the DD Form 
214 was to list all decorations, service medals, campaign credits, and badges awarded 
or authorized. 

2.  AR 600-8-22 (Military Awards), currently in effect, states the Vietnam Service Medal 
is awarded to all members of the Armed Forces of the United States based on their 
qualifying service in Vietnam after 3 July 1965 through 28 March 1973; a bronze service 
star will be awarded for wear on the Vietnam Service Medal for the Soldier’s 
participation in each recognized campaign, including:

*	Counteroffensive, Phase IV (2 April 1968 to 30 June 1968)
*	Counteroffensive, Phase V (1 July 1968 to 1 November 1968)
*	Counteroffensive, Phase VI (2 November 1968 to 22 February 1969)
*	Tet 69/Counteroffensive (23 February 1969 to 8 June 1969)
*	Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969)

3.  Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign 
Participation Credit Register) shows Department of the Army General Order (DAGO) 
Number 8, dated 1974, awarded all units serving in Vietnam the Republic of Vietnam 
Gallantry Cross with Palm Unit Citation.

4.  Based on the foregoing, amend the applicant's DD Form 214, ending 5 March 1970, 
as follows:

	a. Delete the Vietnam Service Medal.

	b. Add the following to item 24:

*	Vietnam Service Medal with four bronze service stars
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation


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.  AR 600-8-22, currently in effect, prescribes policies and procedures for the individual 
and unit military awards. 

	a.  Per paragraph 2-8 (Purple Heart), the Purple Heart is 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. 

	b.  Paragraph 2-8b (8) states, "After 7 December 1941, pursuant to 10 USC 1129, as 
a result of friendly fire provided the member was killed or wounded in action by friendly 
weapon fire while directly engaged in armed conflict, other than the result of an act of an 
enemy of the United States, unless (in the case of a wound) the wound is the result of 
the willful misconduct of the member."

	c.  Beyond showing that a Soldier sustained a wound or injury, approval of the 
Purple Heart required substantiating evidence that validated the wound resulted from 
hostile action, the wound/injury was serious enough to require treatment by medical 
personnel, and the medical personnel must have recorded the treatment as a matter of 
official record. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220009597


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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