IN THE CASE OF: BOARD DATE: 11 April 2023 DOCKET NUMBER: AR20220008242 APPLICANT REQUESTS: the Purple Heart be added to his DD Form 214 (Armed Forces of the United States-Report of Transfer or Discharge). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149, Application for Correction of Military Record * Purple Heart Certificate * DD Form 214 FACTS: 1. The applicant did not file within the three-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 the Purple Heart for combat injuries he sustained in the Republic of Vietnam (RVN). However, the award was omitted from his DD Form 214 in error. 3. The applicant enlisted in the Regular Army on 27 June 1966, and he was awarded military occupational specialty of 94B (Cook). 4. He served in the RVN from 14 December 1967 through 11 December 1968, while assigned to Headquarters and Headquarters Company, 1st Battalion (Airborne), 501st Infantry. 5. Item 40 (Wounds) of his DA Form 20, Enlisted Qualification Record, does not show that the applicant sustained combat injuries. 6. The applicant's name is not listed on the Vietnam Casualty Roster. 7. 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 the award of the Purple Heart pertaining to the applicant. 8. On 26 June 1970, he was honorably released from active duty based on his expiration term of service in the rank/grade of private/E-2. The DD Form 214 he was issued shows he was awarded or authorized the: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Combat Infantryman Badge * Bronze Star Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 9. The applicant provided a copy of a certificate which shows he was awarded the Purple Heart for wounds received in action on 20 January 1969. 10. 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. 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 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. The evidence of record shows the applicant served in Vietnam from December 1967 to December 1968. However, there is no evidence he was wounded/injures as a result of hostile action, or that his injury required treatment by medical personnel, and/or that the medical treatment must have been made a matter of official record. ? 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. The applicant's service in the RVN authorizes him the following additional awards. * Vietnam Service Medal with silver service star * RVN Gallantry Cross with Palm Unit Citation (2nd Award) * RVN Civil Actions Honor Medal, First Class Unit Citation 2. Correct his DD Form 214, 26 June 1970 to show the awards listed above. ? REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-200, Personnel-General-Enlisted Personnel Management System, in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (Wounds) of the DA Form 20, Enlisted Qualification Record. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 3. AR 600-8-22, Military Awards, states – 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 is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. The silver star is worn for five campaigns. The applicant participated in the following five campaigns: * Vietnam Counteroffensive, Phase III, 1 June 1967 – 29 January 1968 * TET Counteroffensive, 30 January 1968 – 1 April 1968 * Vietnam Counteroffensive, Phase IV, 2 April 1968 – 30 June 1968 * Vietnam Counteroffensive, Phase V, 1 July 1968 – 1 November 1968 * Vietnamese Counteroffensive Phase VI, 2 November 1968 - 22 February 1969 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 501st Infantry, was cited for award of the – a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April 1968 – 15 August 1968 by Department of the Army General Order (DAGO) Number 21, 1969; and again, for the period 15 August 1968 – 14 May 1968 by DAGO Number 43, 1970. b. Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 18 March 1968 – 2 May 1970, by DAGO Number 48, 1971. 5. AR 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 will decide cases on the evidence of record. It is not an investigative body. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008242 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1