IN THE CASE OF: BOARD DATE: 2 August 2023 DOCKET NUMBER: AR20230000217 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) to show the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 11 September 2022 * Self-authored letter, undated * DD Form 214, 20 June 1967 to 27 February 1970 * Department of Veterans Affairs, Compensation and Pension Final Report 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, his award of the Purple Heart (PH) is missing from his DD Form 214, and he did not receive the medal after his discharge from the military. He had post-traumatic stress disorder (PTSD) and anxiety, and stills suffers with it today. He is 74 years old, and a 100% service-connected veteran. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 for the period ending, 27 February 1970 will be administratively corrected without Board action to show - a. Block 25 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized: * Republic of Vietnam Civil Action Honor Medal First Class Unit Citation * one silver service star to his previously issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) b. Block 30 (Remarks), Vietnam service from 15 August 1968 to 27 February 1970. 4. The Board will consider the applicants request for his PH and as a separate and related item the Army Good Conduct Medal (AGCM). 5. On 20 June 1967, the applicant enlisted in the Regular Army. He completed training and he was awarded military occupational specialty 94B (Cook). 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 29 (Qualification in Arms), he qualified marksman with the M-14 rifle and expert with the M-16 rifle. b. Item 31 (Foreign Service) – service in Vietnam from 15 August 1968 to 27 February 1970. c. Item 38 (Record of Assignments) – in Vietnam, he was assigned to the following units: * Headquarters and Headquarters Company, 5th Battalion, 7th Cavalry, 1st Air Cavalry Division, from 3 September 1968 to 18 August 1969 * Headquarters and Headquarters Company, 3rd Brigade, 1st Infantry Division, from 19 August 1969 to 22 February 1970 * he received "excellent" conduct and efficiency ratings d. item 40 (Wounds) – “NONE” e. item 41 (Awards and Decorations) – * Vietnam Service Medal * National Defense Service Medal * two overseas bars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 7. On 27 February 1970, he was honorably released from active duty. His DD Form 214 shows he completed 2 years, 8 months, and 8 days of net service. It also shows in: a. Block 24 show he was awarded or authorized: National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Army Commendation Medal b. Block 30 lists administrative entries but not his service in Vietnam. 8. The applicant provided a Department of Veterans Affairs, Compensation and Pension Final Report, for muscles exam, undated, that shows, in part, the [applicant] has a one-inch scar of a shrapnel wound on the dorsal portion of the proximal right arm in the area of the finger extensors. He also has an area at the distal end of the third metacarpal bone, which has a scar and piece of shrapnel is palpable in that position. 9. 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. 10. The applicant's name does not appear on the Vietnam Casualty Roster. 11. His records are void of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal for the period 20 June 1967 through 27 February 1970. 12. 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. 13. 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: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. Upon review of the applicant’s petition and available military records the Board determined there is no medical record showing the applicant received wounds caused by enemy forces that required treatment by medical personnel. The burden of proof rest on the applicant and the applicant provided no new evidence to support his claim for award of the Purple Heart. The Board agreed there was insufficient evidence that showed the applicant’s name on the casualty listing or notification to his family that he had been wounded. In addition, the Board determined that no documentation or supporting statements indicated the applicant had loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function as specified in the criteria for award of the Purple Heart. 2. However, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 20 June 1967 through 27 February 1970. Based on this, the Board granted partial relief to award the Army Good Conduct Medal. 3. Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. 4. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. 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. In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 20 June 1967 through 27 February 1970 and adding the medal to his DD Form 214 for the period ending 27 February 1970. 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 award of 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): A review of the applicant's records show he was awarded or authorized the following awards and entries not listed on his DD Form 214: a. Block 25, Award of the following: * one silver service star to his previously issued Vietnam Service Medal * Republic of Vietnam Civil Action Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) b. Block 30, Vietnam service from 15 August 1968 to 27 February 1970. 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: (1) In any action against an enemy of the United States; (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; (3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; (4) As a result of an act of any such enemy of opposing armed forces; (5) As a result of an act of any hostile foreign force; (6) After 23 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate armed services concerned if persons from more than one service are wounded in the attack; (7) After 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; or (8) Members killed or wounded by friendly fire. 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. 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: a. Headquarters and Headquarters Company, 5th Battalion, 7th Cavalry, 1st Air Cavalry Division was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 August 1965 to 19 May 1969, by Department of the Army General Order (DAGO) Number 59, dated 1969 * Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, for the period 1 January 1969 to 1 February 1970, DAGO Number 42, dated 1972 b. Headquarters and Headquarters Company, 3rd Brigade, 1st Infantry Division was cited for award of the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, for the period 15 April 1969 to 16 March 1971, DAGO Number 5, dated 1973. 5. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000217 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1