IN THE CASE OF: BOARD DATE: 7 February 2023 DOCKET NUMBER: AR20220010282 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United Stated Report of Transfer or Discharge) to add the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Purple Heart Certificate dated 22 September 1968 * DD Form 214 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. 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. 3. The applicant states, in effect, his Purple Heart is not listed on his DD Form 214; this error was brought to his attention by a Veterans Service Officer. 4. The applicant was inducted into the Army of the United States on 29 August 1967 and held Military Occupational Specialty (MOS) 13B (Artillery). 5. Special Orders (SO) Number 250, Headquarters, United States Army Training Center, Fort Campbell, KY, 17 October 1967 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 6. SO Number 9, Headquarters, United States Army Training Center, Field Artillery, Fort Sill, OK, 10 January 1968 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 7. His DA Form 20 (Enlisted Qualification Record) shows he received all excellent conduct and efficiency ratings and contains the following information: a. Item 31 (Foreign Service) shows service in Vietnam from 10 February 1968 to on or about 1 April 1969. b. Item 38 (Record of Assignments) shows, during his service in Vietnam, he was assigned to Battery B, 6th Battalion, 15th Artillery Regiment, 1st Infantry Division from 19 February 1968 to 31 March 1969. c. Item 40 (Wounds) does not contain an entry or a date of any combat injuries. 8. A Purple Heart Certificate was awarded to the applicant for wounds received in action on 22 September 1968. This certificate was endorsed by Secretary of the Army. 9. SO Number 2587, Headquarters, United States Army Vietnam, 15 July 1969 awarded him the Army Commendation Medal for the period February 1968 to April 1969. 10. 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 award of the Purple Heart pertaining to the applicant. 11. His DD Form 214 states he served honorably effective 2 April 1969, transferred into the United States Army Reserve (USAR). He completed 1 year, 7 months, and 4 days of active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the following: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal 12. The applicant’s service record does not contain any of the following documentation normally used to help verify entitlement of award of the Purple Heart: * Western Union Telegrams and/or letters * casualty feeder reports * medical records indicating hospital/patient status * his name is not listed on the Vietnam Casualty Roster 13. The applicant's record shows he had all "excellent" conduct and efficiency ratings and he received an honorable characterization of service. Additionally, his record does not contain any evidence of convictions by a court-martial or a commander's statement of disqualification. 14. Regulatory guidance provides the criteria for award of the Purple Heart requires the wound is a result of hostile enemy action, the wound required treatment by a medical officer, the treatment of the wound was documented in the medical record. 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. Regarding the Purple Heart, the Board noted the certificate he provides showing it was awarded to the applicant for wounds received in action on 22 September 1968. However, there is no other evidence that corroborates such injury. His service record does not contain any of the following documentation normally used to help verify entitlement of award of the Purple Heart: * Western Union Telegrams and/or letters * casualty feeder reports * medical records indicating hospital/patient status * his name is not listed on the Vietnam Casualty Roster b. As a related award, the applicant completed 1 year, 7 months, and 4 days of active service for active service from 29 August 1967 through 2 April 1969. His record shows he had all "excellent" conduct and efficiency ratings and he received an honorable characterization of service. Additionally, his record does not contain any evidence of convictions by a court-martial or a commander's statement of disqualification. The Board determined he qualifies for award of the Army Good Conduct Medal (1st 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 29 August 1967 through 2 April 1969 * 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 adding the Purple Heart 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): add the following awards to Item 24 on DD Form 214: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16 * Army Commendation Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal * one silver service star to his already awarded Vietnam Service Medal 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) states the following: 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 silver service star is worn instead of five bronze service stars and will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During the applicant's service in Vietnam, he participated in the following five campaigns: * 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 * TET Counteroffensive, 23 February 1969 - 8 June 1969 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, 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 Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows 6th Battalion, 15th Artillery Regiment was cited for the following unit awards: a. Department of the Army General Officer (DAGO) Number 36, 1970, awarded the Meritorious Unit Commendation for the period 1 January 1968 to 31 January 1969. b. DAGO Number 21, 1969, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968. c. DAGO Number 53 dated 1970, awarded the Republic of Vietnam Civil Actions Honor Medal for the period May 1967 to April 1968 (these dates are overlapping with DAGO Number 51). d. DAGO Number 51 dated 1971, awarded the Republic of Vietnam Civil Actions Honor Medal for the period of 1 May 1967 to 21 November 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010282 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1