IN THE CASE OF: BOARD DATE: 4 April 2023 DOCKET NUMBER: AR20220008239 APPLICANT REQUESTS: an update to the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her husband, a deceased former service member (FSM), to show: * award of the Purple Heart (3rd Award) * his military occupational specialty (MOS) as 51B Carpenter APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 15 May 2021 * Birth Certificate, * Certificate of completion (Leadership Course), 27 January 1968 * 2 Letters of Commendation, 14 February 1969 * General Orders Number 13, 4 March 1969 * Purple Heart Certificate, 4 March 1969 * Certificate of Completion (Engineer Equipment Assistance Course), 16 March 1968 * Soldier of the month memorandum, 11 September 1969 * Certificate of Achievement (Soldier of the Month), 18 September 1969 * General Orders Number 995, 6 October 1969 * Army Commendation Medal Certificate, 6 October 1969 * Army Commendation Medal Citation, April 1968 to November 1969 * Driver of the Month memorandum, 8 November 1969 * DD Form 214, 20 June 1970 * Marriage Certificate, 8 august 1970 * Applicant's driver's license, 2 July 2013 * Certificate of Death, 25 September 2020 * Department of Veteran Affairs (VA) letter, 8 November 2021 * Army Review Board Agency (ARBA) letter, 9 February 2022 * ARBA letter, 10 March 2022 * self-authored statement, 27 April 2022 * 2 pages of photographs, undated * VA identification card, undated 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 the FSM's DD Form 214 does not reflect award of the Purple Hearts (3rd Award). The family noticed the error on the FSM's record after he passed away. 3. A review of the FSM's record and Army regulations shows he is eligible or 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. Additionally, the FSM's DD 214 already shows his MOS listed as 51B, Carpenter. The applicant's request to update the FSM's MOS will not require action by the board. 4. The FSM enlisted in the Regular Army on 24 October 1967. 5. The FSM's DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) shows service in the Republic of Vietnam from 10 April 1968 to 21 June 1970. b. Item 38 (Record of Assignments) shows he was assigned to Company D, 46th Engineer Battalion, Vietnam from 14 April 1968 to 18 June 1970. c. Item 40 (Wounds) shows, during his service in Vietnam, he sustained lacerations on his left cheek and left knee on 28 February 1969. d. Item 41 (Awards and Decorations) list one Purple Heart. 6. General Orders Number 13, dated 4 March 1969, shows the FSM was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 28 February 1969. 6. The FSM was honorably released from active duty on 20 June 1970. His DD Form 214 shows he completed, 2 years, 7 months, and 27 days of active service. It also shows in: * Item 23a (Specialty Number and Title) lists 51B20 Carpenter * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal * Good Conduct Medal * Purple Heart 7. The applicant provides 25 pages of correspondence, dated from 11 April 1948 to 25 September 2020, that include: * FSM's birth/death certificate * Marriage certificate * FSM's Driver's license * FSM's VA identification card * 2 pages of photographs of the FSM * 2 Letters of Commendation * Certificate of Achievement * Certificate of Completion * Army Commendation Medal Certificate/Citation * Purple Heart Certificate/Citation 8. The applicant did not provide nor do the FSM's records contains evidence he was awarded more than one Purple Heart. 9. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders (and some special 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 special orders for additional awards of the Purple Heart pertaining to the FSM. 10. The FSM's name is not listed on the Vietnam Casualty Roster. 11. Army Regulation 600-8-22 contains the regulatory guidance pertaining to entitlement to the PH and requires all elements of the award criteria to be met. There must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment a matter of official record. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the FSM served on active duty from 24 October 1967 to 20 June 1970. During this period, he served in Vietnam from 10 April 1968 to 21 June 1970. His DA Form 20 shows he was wounded and/or sustained lacerations on his left cheek and left knee on 28 February 1969. He was awarded the Purple Heart for that injury. There is no evidence of a second or third injury as a result of hostile action or medical records to show treatment for a second or third injury. 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): Make the following administrative corrections - a. delete the Vietnam Service Medal from item 24 of the DD Form 214. b. add the following awards to item 24 of the DD Form 214: * Vietnam Service Medal with 1 silver service star and 2 bronze service stars * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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. b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star is worn instead of five bronze service stars. During his service in Vietnam, the FSM participated in the following campaigns: * Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968 * Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968 * Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969 * TET 69 Counteroffensive, 23 February 1969—8 June 1969 * Vietnam Summer - Fall 1969, 9 June 1969—31 October 1969 * Vietnam Spring - Winter 19670, 1 November 1969—30 April 1970 * DA Sanctuary Counteroffensive, 1 May 1970—30 June 1970 3. 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 46th Engineer Battalion was cited for the following unit awards: Department of the Army General Orders (DAGO) Number 43, dated 1970, awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period 3 August 1967 to 9 February 1970. 4. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008239 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1