IN THE CASE OF: BOARD DATE: 1 June 2023 DOCKET NUMBER: AR20220009711 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) to show his Purple Heart, and a personal appearance before the Board, via video/telephone. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), undated 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 received a Purple Heart prior to leaving Vietnam in November 1968. The award is not reflected on his DD Form 214. He injured his leg in combat. His request is related to the Vietnam War. 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. 4. On 22 June 1967, the applicant was inducted into the Army of the United States. He completed training and he was awarded military occupational specialty 15B (Field Artillery Crewman). 5. His DA Form 20 (Enlisted Qualification Record) shows: a. Item 29 (Qualification in Arms) shows the following weapons qualifications: * Sharpshooter, M-16 rifle, 27 June 1968 * Sharpshooter, M-14 rifle, 15 January 1969 b. items 31 (Foreign Service) and 38 (Record of Assignments) – he served in Vietnam from 14 November 1967 to 13 November 1968, and he was assigned to Battery C, 2nd Battalion, 94th Artillery Regiment, Vietnam from 20 November 1967 to 12 December 1968. c. item 40 (Wounds) – was left blank. d. item 41 (Awards and Decorations) – does not list the Purple Heart. 6. General Orders Number 8, dated 3 June 1969, awarded him the Army Good Conduct Medal (1st Award). 7. On 20 June 1969, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 11 months and 29 days of net service. a. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the: * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * two overseas bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Army Commendation Medal b. Block 30 (Remarks) does not include entries pertaining to his service in Vietnam. 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. Regulatory guidance provides award of the Purple Heart requires substantiating evidence to verify that the wound was the result of hostile action, the wound required treatment by a medical officer, and the medical treatment was made a matter of official record. ? BOARD DISCUSSION: 1. The Board determined the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. 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. Regulatory guidance provides award of the Purple Heart requires substantiating evidence to verify that the wound was the result of hostile action, the wound required treatment by a medical officer, and the medical treatment was made a matter of official record. The Board found no evidence the applicant met the criteria for the Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING xx: xx: xx: 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): make the following administrative corrections to his DD Form 214: a. block 24 - delete the entries "VSM w/Bz Svc Star" and "SHARPSHOOTER (RIFLE)" and add the * Vietnam Service Medal with 1 silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Good Conduct Medal (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) b. Block 30, add the entry: "Vietnam - 14 November 1967 through 13 November 1968, Indochina-yes, Korea-No." 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. 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. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. During the period of his service in Vietnam, he participated in the following 5 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 * Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969 3. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 4. Army Regulation 635-5 (Separation Documents) in effect at the times provided that an entry should be provided in block 30 (Remarks) of the DD Form 214 to denote service in Vietnam. For example: To show service in Vietnam only, "Vietnam - 25 Apr 70 through 28 May 71, Indochina-yes, Korea-no." 5. Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-11, shows applicant’s do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009711 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1