IN THE CASE OF: BOARD DATE: 17 August 2023 DOCKET NUMBER: AR20230000281 APPLICANT REQUESTS: to be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), * Notarized witness statement, 26 July 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), 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: a. He is requesting award of the Purple Heart. The Purple Heart was never awarded to him for his combat injuries during his tour in Vietnam for which he was properly medically treated. He requests he be awarded this medal and issued a DD Form 215 (Correction to DD Form 214) with that correction for that tour of service. b. This correction should be made in the interest of justice. During his tour of service from 8 November 1968 to 7 November 1969, he was wounded in combat near the Michelin Plantation in Vietnam. He was wounded in March 1969 and treated at the Fire Base near his unit. He had shrapnel removed from the back side of his head and he was given Darvon for the headaches by the medic. He simply never pursued the issue, as he did not consider it a priority at the time. Now that he is older with children and grandchildren, he would like the record corrected for historical and genealogical purposes. 3. A review of the applicant's military record shows the following: a. He enlisted in the Regular Army on 14 June 1968. b. DA Form 20 (Enlisted Qualification Record) contains the following information and/or entries: * Item 31 (Foreign Service) shows he served in Vietnam from 8 November 1968 to 7 November 1969 * Item 38 (Record of Assignments) shows he was assigned to Troop C, 1st Squadron, 4th Cavalry, 1st Infantry Division * Item 40 (Wounds) shows no entry * Item 41 (Awards and Decorations) does not list the Purple Heart c. On 12 June 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). DD Form 214 shows he was awarded or authorized the following awards: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with 60 Device * Combat Infantryman Badge d. The applicant's military record does not contain, nor does he provide evidence showing he was awarded the Purple Heart, and his name does not appear on the Vietnam Casualty Roster. His medical records, which would have listed any injuries and treatment of such injuries, are not available for review with this case e. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him 4. The applicant provides a notarized witness statement from P_ A_, which states, in pertinent part, the applicant and witness were assigned to the same unit in South Vietnam from November 1968 to November 1969. Most of the Soldiers were wounded at least once. Their medic was responsible for applying for Purple Hearts for those wounded in battle. He (the witness) was wounded twice and only received one Purple Heart. Due to the confusion of battle their medic sometimes was unable to fill out the paperwork necessary for the Purple Heart. The applicant was one of the Soldiers that did not get his Purple Heart. He strongly believes the applicant should be awarded the Purple Heart for the wounds he received during battle in Vietnam. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found insufficient evidence in the available records that would corroborate his claim that he was wounded as a result of hostile action. In the absence of additional documentation confirming he was wounded and the wound required treatment by medical personnel, the Board determined the applicant s entitlement to the Purple Heart cannot be established at this time. 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :JB :KC :AM DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Other than the corrections addressed in Administrative Note(s) below, the Board determined 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 otherwise 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 applicant's DD Form 214 for the period ending 12 June 1970 should be corrected by adding the following awards: * Bronze Star Medal * Vietnam Service Medal with four bronze service stars * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, USC, 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) 15 185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. In pertinent part, it states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases based on the evidence of record. The ABCMR is not an investigative agency. 3. AR 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 2-8 (Purple Heart) states, in pertinent part, 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000281 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1