IN THE CASE OF: BOARD DATE: 31 March 2023 DOCKET NUMBER: AR20220008920 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), 26 May 2022 * DA Form 20 (Enlisted Qualification Record), 2 October 1968 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge, 12 October 1970 * VA Form 07-3101(Veteran's Administration (VA) Request for Information), 3 November 1970 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 he sustained a head wound with shrapnel in combat on 10 September 2019 and never received a Purple Heart. 3. A review of the applicant's record and Army regulations shows the applicant is authorized 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 September 1968. 5. The applicant's DA Form 20 contains the following information: a. Item 31 (Foreign Service) shows service in the Republic of Vietnam from 20 March 1969 to 11 March 1970. b. Item 38 (Record of Assignments) shows he was assigned to the following units/locations: (1) 23d Administration Company, Replacement Detachment, United States Army Pacific Command (USARPAC), Vietnam (24 March 1969 to 3 April 1968) (2) Company B, 4th Battalion, 3d Infantry, 11th Brigade, USARPAC, Vietnam (4 April 1969 to 5 October 1969) (3) Headquarters and Headquarters Company, 11th Infantry Brigade, Vietnam (6 October 1969 to 10 March 1970) c. Item 40 (Wounds) shows, during his service in Vietnam, he sustained a fragment wound to the right side of his head on 10 September 1969. d. Item 41 (Awards and Decorations) does not list the Purple Heart. 6. The applicant was honorably released from active duty on 12 October 1970. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards: * Combat Infantryman Badge * Army Commendation Medal (2nd Award) * Vietnam Service Medal * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar * 2 overseas bars 7. He provides VA Form 07-3101 dated 3 November 1970, which reflects the following information: * Item 17 (Alleged Disease or Injury) - Head Wound * Item 18 (Dates of Treatment) - 10 September 1969 * Item 19 (Places of Treatment) - 91st EVAC Chulaf, Vietnam 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. ADCARS did reveal the applicant received 2 Army Commendation Medals, one with "V" device, from 3 January 1970 to 13 February 1970. 10. Army Regulation 600-8-22 contains the regulatory guidance pertaining to entitlement to the Purple Heart 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: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant’s contentions, the military record, and regulatory guidance on the award of the Purple Heart. The Board reviewed the supporting DA Form 20 and noted the remarks in Item 40 (Wounds) showing he received a head wound, specifically, shrapnel, on 10 September 1969. Based on the preponderance of evidence available for review, the Board determined the evidence presented is sufficient to warrant a recommendation for relief. 2. 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 :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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding the Purple Heart for injuries incurred in Vietnam on 10 September 1969. 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 following awards to item 24 of the DD Form 214: * Vietnam Service Medal * Army Commendation Medals (both entries) b. add the following awards to item 24 of the DD Form 214: * Vietnam Service Medal with 3 bronze service stars * Army Commendation Medal * Army Commendation Medal with "V" Device * 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. During his service in Vietnam, the applicant participated in the following campaigns: * TET 69 Counteroffensive, 23 February 1969—8 June 1969 * Vietnam Summer-Fall 1969, 9 June 1969—31 October 1969 * Vietnam Winter-Spring 1970, 1 November 1969—30 April 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 Headquarters and Headquarters Company, 11th Infantry Brigade was cited for the following unit award: a. Department of the Army General Orders (DAGO) Number 42, dated 1972, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 to 31 December 1969. 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) AR20220008920 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1