IN THE CASE OF: BOARD DATE: 21 March 2023 DOCKET NUMBER: AR20220008016 APPLICANT REQUESTS: correction of the DD Form 214 (Armed Forces of the United Stated Report of Transfer or Discharge) to add the Purple Heart for her husband, a deceased former service member (FSM). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 20 (Enlisted Qualification Record), 14 October 1971 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 26 October 1971 * Marriage certificate, 8 August 2018 * Death certificate, 12 April 2022 * Letter, ABCMR to applicant, 9 September 2022 * Letter, applicant to ABCMR, 12 October 2022 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, she would like her husband's DD Form 214 corrected to reflect the Purple Heart. Her husband's wish was to be buried in Arlington Cemetery, and he is currently on the waiting list to be buried there in the spring. To be buried in Arlington Cemetery, the DD Form 214 must be corrected before March 2023. A representative from Arlington Cemetery informed her since her husband is deceased, the ABCMR should expedite her request. She would like her husband's Headstone to reflect the Purple Heart. 3. The applicant provides a marriage and death certificate to support her application to the ABCMR as the heir to the FSM. She also provides a letter from the ABCMR acknowledging receipt of her application dated 4 May 2022. 4. A review of the FSM's record and Army regulations shows he meets the criteria for additional awards not currently listed on his DD Form 214. These awards will be addressed through an administrative correction without action by the Board. 5. The FSM was inducted into the Army of the United States on 25 February 1970. He held military occupational specialty 11D, Armored Reconnaissance Specialist. 6. His DA Form 20 (Enlisted Qualification Record) shows: a. Item 29 (Qualifications in Arms) shows he qualified expert with the M-14 rifle and sharpshooter with both, the Machine Gun (M-60) and M-16 rifle. b. Item 31 (Foreign Service) shows service in United States Army Pacific (USARPAC)-Vietnam from 27 July 1970 to 18 June 1971. c. Item 38 (Record of Assignments) shows, during his service in Vietnam - (1) He was assigned to D Troop, 2nd Squadron, 17th Cavalry Regiment, 101st Airborne Division (Airmobile) from 8 August 1970 to 4 April 1971. (2) He was assigned in a patient / casual duty status to Medical Holding Detachment, U.S. Army Hospital, Ryukyu Islands, Japan from 5 April 1971 to 24 May 1971 and to 257th Replacement Company, Okinawa from 25 May 1971 to 17 June 1971. d. Item 38 also shows he received all “unknown” or “excellent” conduct and efficiency ratings. e. Item 40 (Wounds) contains the entry “Gunshot wound to right arm” dated 18 October 1970 and “Ruptured ear drum” dated 23 March 1971. f. Item 41 (Awards and Decorations) shows the following: * National Defense Service Medal * Vietnam Service Medal * Army Commendation Medal, by authority of General Orders Number 602, issued by Headquarters, 101st Airborne Division in 1971 * Purple Heart, by authority of General Orders Number 2458, issued by Headquarters, 101st Airborne Division in 1971 * Republic of Vietnam Campaign Medal with Device 1960 * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Rifle Bar (M-16) 7. The Vietnam Casualty Roster shows the FSM was wounded in Vietnam on 23 March 1971. The roster shows the casualty status codes “26” (Hostile Wounded in Action), a major attributing cause code “H” (Not Booby Trap Connected), and a complementary cause code “J” (Other explosive devices). 8. 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 FSM. 9. His DD Form 214 shows he was honorably released from active duty on 26 October 1971 and transferred into the United States Army Reserve (USAR). He completed 1 year, 8 months, and 2 days of active service. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the following: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device 1960 * Vietnam Service Medal with 1 Bronze Service Stars 10. The FSM's record shows he had all “unknown” or “excellent” conduct and efficiency ratings and he received an honorable characterization of service. Additionally, his record does not contain any evidence of convictions by a court-martial or a commander's statement of disqualification. 11. Regulatory guidance provides the 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. 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 applicant’s contentions, the military record, and regulatory guidance were carefully considered a. The FSM’s DA Form 20 states in Item 40 (Wounds) the entry “Gunshot wound to right arm” dated 18 October 1970 and “Ruptured ear drum” dated 23 March 1971. the FSM’s name is listed in the casualty roster and his DA Form 20 mentions the General Order that awarded him the Purple Heart. Clearly, an administrative oversight led to this error. The Board determined this award should be added to his DD Form 214. b. As a related award, the evidence shows the FSM served honorably on active duty from 25 February 1970 to 26 October 1971. He completed 1 year, 8 months, and 2 days of active service. The FSM’s record shows he had all excellent conduct and efficiency ratings, and he received an honorable characterization of service. Additionally, his record does not contain evidence of convictions by a court-martial or a commander's statement of disqualification. Based on the evidence, the Board determined he should be awarded the Army Good Conduct Medal (1st Award). 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 the Army records of the individual concerned be corrected, in addition to the corrections addressed in Administrative Note(s) below, by: * awarding him the Army Good Conduct Medal (1st Award) for service during the period 5 February 1970 through 26 October 1971 * adding award of the Purple Heart and Army Good Conduct Medal (1st Award) to his DD Form 214 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): add the following awards to Item 24 on DD Form 214: * Army Commendation Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Expert Marksmanship Qualification Badge w/Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge w/Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge w/Rifle Bar (M-16 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. Army Regulation (AR) 600-8-22 (Military Awards) states 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 as a result of hostile enemy action. 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. 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 awards received by units that served in the Vietnam War. a. This pamphlet shows D Troop, 2nd Squadron, 17th Cavalry Regiment, 101st Airborne Division (Airmobile) was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 December 1969 to 8 January 1971 by DAGO 24, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 to 9 October 1971 by DAGO 6, dated 1974 b. The pamphlet states not more than one RVN Gallantry Cross with Palm Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military personnel and historical records will indicate all awards received. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008016 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1