IN THE CASE OF: BOARD DATE: 2 May 2023 DOCKET NUMBER: AR20220009495 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) period ending 21 May 1971 to show award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 while in Vietnam his captain and first sergeant awarded him the Purple heart. In or around October 1968, he was on night patrol in Vietnam and his starlight scope was shot out of his hand. He has shrapnel in his hands and face. He has photos of his injury while he was healing in Vietnam. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 4. The Board will consider the applicants request for his Purple Heart (PH) and as a related award, the Army Good Conduct Medal. 5. After previous enlisted service, the applicant enlisted in the regular Army on 21 May 1968. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantry). 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) – service in Vietnam from 6 March 1969 to 9 November 1969. b. item 38 (Record of Assignments) – in Vietnam, he was assigned to Company A, 2nd Battalion, 505th Infantry, 3rd Brigade, 82nd Airborne Division, from 24 March 1969 to 3 November 1969, and he received "excellent" conduct and efficiency ratings. c. item 40 (Wounds) – “NONE” d. item 41 (Awards and Decorations) – does not list the Purple Heart. 7. On 21 May 1971, he was honorably released from active duty. His DD Form 214 shows he completed 3 years of net service in block 24 show he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Commendation Medal 8. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 9. The applicant's name does not appear on the Vietnam Casualty Roster. 10. His records are void of any disciplinary actions, convictions by courts-martial, or a commander's disqualification for award of the Army Good Conduct Medal for the period 21 May 1968 through 21 May 1971. 11. By regulation (AR 600-8-22 - Military Awards), 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. 12. By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service, 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. There must have been no convictions by a court-martial. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The evidence of record shows the applicant served in Vietnam from 6 March 1969 to 9 November 1969. There is no evidence the applicant sustained a wound/injury as a result of hostile action or that the wound/injury required treatment by medical personnel, or that the medical treatment must have been made a matter of official record. He does not meet the criteria for the Purple Heart. b. As a related award, although he did not specifically request it, the Board determined he qualifies for award of the Army Good Conduct Medal: He served on active duty from 14 May 1968 to 21 May 1971; he completed 3 years and 6 days of continuous active service; he received "Excellent" ratings throughout his term of active duty service; and there is no derogatory information in his file that would have disqualified him from receiving this award. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 14 May 1968 through 13 May 1971 * adding award of the Army Good Conduct Medal (1st Award) to his DD Form 214 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart. 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): administratively correct the applicant's DD Form 214 to add the 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 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that 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 by 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, 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. 4. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit (Company A, 2nd Battalion, 505th Infantry, 3rd Brigade, 82nd Airborne Division) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, 6 October 1968 to 11 November 1969, DA General Order Number 43, dated 1970. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009495 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1