IN THE CASE OF: BOARD DATE: 17 January 2023 DOCKET NUMBER: AR20220008698 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), 1 June 2022 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 4 September 1968 * Veteran's Administration (VA) rating decision, 3 October 1986 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 award of the Purple Heart will make a difference in his VA benefit entitlements. 3. A review of the applicant's record and Army regulations shows the applicant is eligible 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. 4. The applicant enlisted in the Regular Army on 30 November 1965. 5. The applicant's DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) shows service in the Republic of Vietnam from 15 September 1966 to 1 September 1967. b. Item 38 (Record of Assignments) shows he was assigned to the following units/locations: (1) Headquarters Company (HHC), 3rd Battalion, 12th Infantry, 4th Infantry Division, Vietnam (15 September 1966 to 1 September 1967) (2) United States Army Hospital, Fort Ord, CA, in a patient status on 16 September 1967. c. Item 40 (Wounds) shows, during his service in Vietnam, he sustained a fragment wound to his right cheek, left leg, and chest, on 18 August 1967. d. Item 41 (Awards and Decorations) does not list the Purple Heart. 6. The applicant was honorably released from active duty on 4 September 1968. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he completed 2 years, 9 months, and 5 days of active service. lists the following awards: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * overseas service bars - 2 7. He provides a VA rating decision, dated 3 October 1986, that shows he suffered a shell fragment wound during active service and has a service connection disability for residuals of shell fragment wound. 8. The applicant did not provide nor do his records contains evidence he was awarded the Purple Heart. Additionally, the applicant’s name is not reflected on the Republic of Vietnam Casualty Roster. 9. 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 the Purple Heart pertaining to the applicant. 10. The applicant's record does not contain evidence his commander disqualified him for award of the Army Good Conduct Medal (1st Award). He received all excellent conduct and efficiency rating. His record does not contain evidence of a court-martial conviction nor any other derogatory information that would disqualify him form the first award of the Army Good Conduct Medal. 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 applicant’s DA Form 20 shows during his service in Vietnam, he sustained a fragment wound to his right cheek, left leg, and chest on 16 August 1967. There is sufficient evidence to show his entitlement to award of the Purple Heart. b. Additionally, the applicant completed 2 years, 9 months, and 5 days of active service. The applicant's record does not contain evidence his commander disqualified him for award of the Army Good Conduct Medal (1st Award). He received all excellent conduct and efficiency rating. His record does not contain evidence of a court-martial conviction nor any other derogatory information that would disqualify him form the first award of the Army Good Conduct Medal. 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: 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: * awarding him the Purple Heart for wounds received in action in Vietnam on 18 August 1967 * awarding him the Army Good Conduct Medal (1st Award) for service during the period 30 November 1965 through 4 September 1968 * 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): 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 2 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class 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 PH 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. During his service in Vietnam, the applicant participated in the following campaigns: * Vietnam Counteroffensive, Phase II, 1 July 1966—31 May 1967 * Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968 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 Headquarters and Headquarters Company, 4th Infantry Division was cited for the following unit awards: a. Department of the Army General Orders (DAGO) Number 3, dated 1970, awardedthe Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to July 1969. b. DAGO Number 53, dated 1970, awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period October 1966 to October 1969. 4. 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, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008698 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1