IN THE CASE OF:  
 
  BOARD DATE: 9 January 2024 
 
  DOCKET NUMBER: AR20230005981 
 
 
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), ending 14 August 1968 

• Medical Provider Letter 


 
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, he would like to be awarded the Purple Heart due to an injury sustained to his left shoulder during his deployment to Vietnam. 
 
3.  A review of the applicant's available service record reflects the following: 
 
a. On 5 October 1966, he was inducted into the Army of the United States. 


 
b. DA Form 20 (Enlisted Qualification Record) reflects the following: 


 
(1) Item 38 (Record of Assignments) shows service in Vietnam from  


On or about 24 August 1967 to 11 August 1968. He was assigned to Company D, 41st Signal Battalion. He received all excellent conduct and efficiency ratings. 
 
(2) Item 40 (Wounds) is void of an entry. 


 
(3) Item 41 (Awards and Decorations) shows: National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with 1960 Device, one overseas service bar 


c. DD Form 214, ending 14 August 1968, shows an honorable release from active duty and transfer to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 10 months, and 10 days of active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) reflects: 


 
• National Defense Service Medal 

• Vietnam Campaign Medal 

• Vietnam Service Medal 

• 1 Overseas Service Medal 


 
d. On 20 September 1972, the Office of the Adjutant General, U.S. Army Reserve  


Components Personnel and Administration Center issued Letter Orders Number  
09-1341103 honorably discharging him from the USAR. 
 
e. His record is void of award of the Purple Heart. 


 
f. 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. Likewise, his name is not listed on the Vietnam Casualty report. 


 
4.  The applicant provides a letter from his medical provider, stating in effect, the applicant's claim for a service-connected injury to his left shoulder during his tour in Vietnam is valid. Shoulder radiographs reveal a calcific density medial to the acromion (shoulder) representing an opaque foreign body in his soft tissue compatible with his reported shrapnel injury.  
 
5.  There is no derogatory information in his file, such as lost time or nonjudicial punishment. Likewise, his record is void of order awarding him the Army Good Conduct Medal.  
 
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.  The evidence shows the applicant served in Vietnam from on or about 24 August 1967 to 11 August 1968. For the Purple Heart to be awarded, the preponderance of the evidence must clearly show a wound existed, that it directly resulted from hostile action, was treated, and was officially recorded at the time by medical personnel. The Board 
noted that neither the applicant’s available service record nor does the applicant offer any evidence that he was wounded/injured as a result of enemy action or provided medical documentation reflecting his wound/injury occurred, and/or it was made a matter of official record. The applicant's sincerity is not in question, rather it is necessary for all elements of the award criteria for the Purple Heart to be fulfilled. The Board determined the criteria for award of the Purple Heart is not met. 
 
 b.  Although not specifically requested by the applicant, the Board noted the applicant served on active duty from 5 October 1966 to 14 August 1968, completing 1 year, 10 months, and 10 days of active service. His DA Form 20 lists his conduct and efficiency ratings as either all excellent or unknown and there is no disqualification for the Good Conduct Medal noted on the DA Form 20.There are no derogatory information in his file that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). As such, 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 
 
: : : GRANT FULL RELIEF 
 
xx: xx: xx: GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
: : : DENY APPLICATION 
 
 
BOARD DETERMINATION/RECOMMENDATION: 
 
1.  In addition to the correction addressed in Administrative Note(s) below 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 service during the period 5 October 1966 through 14 August 1968 

• adding to his DD Form 214 the Army Good Conduct Medal (1st Award) 


 
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 the Purple Heart.  
 
  1/9/2024

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 14 August 1968, by amending it as follows: 
 
 a.  Delete the following awards: Vietnam Service Medal and Vietnam Campaign Medal 
 
 b.  Adding the following awards: Vietnam Service Medal with four bronze service stars, Vietnam Campaign Medal w/60 Device, and Republic of Vietnam Gallantry Cross with Palm Unit Citation and Meritorious Unit Commendation. 
2.  A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. 
 
• DD Form 214 

• DA Form 20 (Enlisted Qualification Record) 

• Department of the Army General Orders Number 8, dated 1974 

• Department of the Army General Orders Number 48, dated 1971 

• AR 600-8-22 


. 
Meritorious Unit Commendation—Jul 65–Jun 66, DAGO 17, 68; 1 
Jul 66–30 Sep 67, DAGO 21, 78, amended DAGO 54, 68; 1 Oct 
67– 30 Sep 69, DAGO 48, 71 
 
3.  Please correct the applicant's DD Form 214 by amending it as shown in paragraph 1 above. Provide the applicant a copy of the corrections, and as applicable the medals. 
Please ensure that the corrections are recorded in the applicant's official military personnel record.  
 
 
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) states 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. 
 
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.  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 denotes five bronze service stars. 
 
//NOTHING FOLLOWS//