IN THE CASE OF:

		BOARD DATE: 11 October 2023

		DOCKET NUMBER: AR20230003090


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Standard Form (SF) 502 (Clinical Record – Narrative Summary), dated 13 March 
1968
*	copy of a Purple Heart Certificate

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 was awarded the Purple Heart for wounds sustained in 
Vietnam, but his DD Form 214 does not show he was awarded the Purple Heart.

3.  The applicant was inducted into the Army of the United States on 19 October 1966. 
His DA Form 20 (Enlisted Qualification Record) shows in:

*	item 31 (Foreign Service): he served in Vietnam from 7 June 1967 to 4 June 
1968
*	item 40 (Wounds): no entry indicating he sustained any wounds
*	item 41 (Awards and Decorations): no entry indicating he was awarded the 
Purple Heart

4.  The applicant provided, and his official military personnel file contains, an SF 502 
showing a date of admission of 4 March 1968 and a date of discharge of 13 March 
1968. The SF 502 further shows that a 20-year-old enlisted member sustained a bullet 
wound to the left side of the face exiting through left external ear canal. The patient's 
identification was not clearly identified on this form; however, the applicant's handwritten 
last name is shown at the bottom of the form. The circumstances surrounding the 
wound were not explained on this form.

5.  The applicant was released from active duty on 3 September 1968. His 
DD Form 214 does not show he was awarded the Purple Heart.

6.  The applicant's name is not listed on the Vietnam casualty roster.

7.  A search 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, did not find orders for the Purple Heart pertaining to the 
applicant.

8.  The applicant provided a copy of a Purple Heart Certificate showing he was awarded 
the Purple Heart for wounds received in action on 5 March 1968 in Vietnam. The 
certificate was signed by a commanding officer and a member of the Army Medical 
Corps.


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 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 
regulation.  Upon review of the applicant’s petition and available military records the 
Board determined there was sufficient evidence to grant award of the Purple Heart. 
Evidence in the record show the applicant was wounded in action on 5 March 1968, 
while serving in Vietnam. Evidence shows the applicant was evaluated by a medical 
professional and was signed off by a commanding officer. Although the applicant’s 
name is not listed on the Vietnam Casualty Roster, the Board agreed based on 
regulatory guidance and evidence in the record, the applicant met the criteria for 
award of the Purple Heart.  The Board determined there is sufficient evidence to grant 
relief.

?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	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 by amending his
DD Form 214 for the period ending 3 September 1968 to show 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.


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) states the Purple Heart is awarded for a 
wound sustained in action against an enemy or as a result of hostile action. 
Substantiating evidence must be provided to verify 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.  

3.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states the authority 
to award the Purple Heart was delegated to hospital commanders. It directed that all 
personnel treated and released within 24 hours would be awarded the Purple Heart by 
the organization to which the individual was assigned. Personnel requiring 
hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the 
Purple Heart directly by the commander of the hospital rendering treatment.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230003090


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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