IN THE CASE OF: 
 
  BOARD DATE: 22 August 2023 
 
  DOCKET NUMBER: AR20230000621 
 
 
APPLICANT REQUESTS:  correction of DD Form 214 (Armed Forces of the United State Report of Transfer or Discharge) to reflect award of the Purple Heart.  
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• DD Form 214, ending 11 September 1970 


 
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 in pertinent part that he was injured while serving in Vietnam and was awarded the Purple Heart. However, his DD Form 214 for the period ending on 11 September 1970, does not reflect this award.  
 
3.  A review of the applicant's available service records reflects the following:  
 
a. On 20 November 1968, the applicant was inducted into the Army of the United States to serve as an 11B (Light Weapons Infantryman).  


 
b. On or about 5 May 1969, the applicant deployed to the Republic of Vietnam and was assigned to B Company, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division.  


 
c. While serving in Vietnam, the applicant was sent to the 106th General Hospital on or about 7 November 1969, to receive medical care. He remained as a patient at the 106th General Hospital until on or about 22 November 1969, when he departed the Republic of Vietnam enroute to the U.S. for continued medical care.  


 
d. DA Form 20 (Enlisted Qualification Record) shows in: 


 
• Item 29 (Qualification in Arms) shows he earned the following qualifications: Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 

• Item 38 (Record of Assignments) all "excellent" for conduct and efficiency and his record is void of derogatory information 

• Item 40 (Wounds) is void of an entry 


 
e. On or about 11 February 1970, the applicant was reassigned to a unit at Fort Hood, TX.  


 
f. On 11 September 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 9 months, and 22 days of net active service. DD Form 214 shows he was awarded or authorized:  


 
• National Defense Service Medal 

• Vietnam Service Medal with one bronze service star 

• Republic of Vietnam Campaign Medal 

• Combat Infantryman Badge 

• Sharpshooter Badge with Rifle Bar  


 
4.  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 the Purple Heart. 
 
5.  A review of the Vietnam Casualty Roster contains evidence of the applicant sustaining injuries from artillery or mortar fire on 24 October 1969, as a result of hostile action.  
 
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. 
 
 a.  The evidence of record shows the applicant was wounded as a result of hostile action in Vietnam on 24 October 1969 as evidenced by the entry on the Vietnam Casualty Roster that shows he sustained injuries from artillery or mortar fire as a result of hostile action and the medical care he received at 106th General Hospital. The Board determined he met the criteria for award of the Purple Heart.  
 
 b.  As a related award, the applicant served on active duty from 20 November 1968 to 11 September 1970. He completed 1 year, 9 months, and 22 days of net active service, received all "excellent" for conduct and efficiency, and his record is void of derogatory information. The Board determined he met the criteria for award of the Army Good Conduct Medal (1st Award).  
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
xx: xx: xx: GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
: : : DENY APPLICATION 
 
 
BOARD DETERMINATION/RECOMMENDATION: 
 
The Board determined the evidence presented is sufficient to warrant a recommendation for 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 Purple Heart for wounds received in action on 24 October 1969 in Vietnam 

• awarding him the Army Good Conduct Medal (1st Award) for service during the period 20 November 1968 through 11 September 1970  

• adding award of the Purple Heart and Army Good Conduct Medal (1st Award) to his DD Form 214 


 
  8/22/2023

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): 
 
1.  Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 for the period ending September 11, 1970, by adding the following award: 
 
a. Delete the Vietnam Service Medal with one bronze service star. 


 
b. Add: 


 
• Vietnam Service Medal with three bronze service stars 

• Republic of Vietnam Gallantry Cross with Palm Unit Citation 

• Meritorious Unit Commendation 

• Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 


 
2.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, campaign participation credit was awarded for the following three campaigns. 
 
• the Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969 

• the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969 

• the Vietnam Winter-Spring, 1 November 1969 - 30 April 1970 


 
3.  Department of the Army (DA) Pamphlet 672-3 shows: 
 
• all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation as confirmed by DA general Orders Number 8, dated 1974 

• during his service in Vietnam his unit was awarded the Meritorious Unit Commendation as confirmed by DA General Orders Number 51, dated 1971 


 
 
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 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record. A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action. This regulation also provides that there is no time limitation on requests for award of the Purple Heart. 
 
3.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards), then in effect, provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 
 
4.  Army Regulation 672-5-1 (Military Awards), then in effect, provided, in pertinent part: 
 
a. The Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record. 


 
b. 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. 


 
//NOTHING FOLLOWS//