IN THE CASE OF: BOARD DATE: 20 January 2023 DOCKET NUMBER: AR20220009507 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) * Self-authored Statement, dated 24 July 2022 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. Applicant states that he was drafted into the Army during the Vietnam War, and was sent to Korea, where he was shot and wounded. As a result of his wounds, he believes that he deserves award of the Purple Heart. 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 was inducted into the Army of the United States on 9 July 1970. He completed training requirements and he was awarded military occupational specialty 95B (Military Policeman). The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4. 5. Special Orders Number 244, published by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, on 1 September 1970 awarded him the Expert Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 6. Special Orders Number 221, published by Headquarters, 4th Advanced Individual Training Brigade (Military Police), Fort Gordon, GA, on 20 October 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 7. His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 28 November 1970 through 10 February 1972 but does not contain any evidence he was wounded as a result of hostile enemy action or awarded the Purple Heart. Additionally, all his conduct and efficiency ratings are excellent. 8. Special Order Number 12, published by Headquarters, 728th Military Police Battalion, on 1 February 1971, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber). 9. A Western Union telegram shows the applicant was “slightly injured in Korea on 11 February 1971…he received a wound to the right chest,” while he and another individual were in their billets inspecting their weapons. 10. The applicant accepted nonjudicial punishment under the provision of Article 15, Uniform Code of Military Justice, on 2 March 1971 for the following: on or about 11:15 pm on 10 February 1971, at Camp Hayes, Korea, the applicant drew his .45 caliber pistol in the 3rd platoon barracks of Company A under circumstances such as to endanger human life. His punishment consisted of a reduction to the rank/grade of private/E-1, forfeiture of $64.00 for 1 month, and 14 days restriction. 11. The applicant was honorably released from active duty on 28 January on 28 January 1972. His DD Form 214 confirms he completed 1 year, 6 months, and 20 days of net active service, of which 1 year and 2 months was credited as foreign service in Korea. His DD Form 214 also lists the following awards: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-15) [sic] * Armed Forces Expeditionary Medal 12. 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 ratings. His record does not contain evidence of a court-martial conviction. 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 regulatory guidance pertaining to the award of the PH, requires all elements of the award criteria to be met. There must be proof a wound was incurred as a result of enemy action, the wound required treatment by a medical officer; and the medical personnel made such treatment a matter of official record. The applicant in this case was slightly injured in Korea on 11 February 1971. He received a wound to the right chest, while he and another individual were in their billets inspecting their weapons. He does not meet the criteria. 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 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):The available evidence and regulatory guidance is sufficient to justify administrative correction of the applicant's DD Form 214 without action by the Board, to add make the following corrections to his DD Form 214: a. delete Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-15) b. add the following awards: * Korea Defense Service Medal * Expert Marksmanship Qualification Badge with Grenade Bar (Hand Grenade) * Sharpshooter Marksmanship Qualification Badge with Pistol Bar (Cal .45 Pistol) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 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 (AR) 600-8-22 (Military Awards) provides the following regulatory guidance: a. 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 as a result of 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. b. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009507 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1