IN THE CASE OF: BOARD DATE: 6 December 2023 DOCKET NUMBER: AR20230004673 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT 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, 4 February 1971 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, in effect, he meets all the requirements/criteria to be eligible for award of the Purple Heart. He served during combat and was injured from an enemy mortar in the Republic of Vietnam (RVN). The Department of Veterans Affairs has awarded him a disability rating of 10-percent for shrapnel in his left knee. 3. A review of the applicant's records show he is entitled to additional awards which will be addressed through administrative correction without action by the Board. 4. The applicant was inducted into the Army of the United States on 18 June 1969. 5. His record is void of a DA Form 20, Enlisted Qualification Record, that might confirm combat wounds in Item 40, Wounds. 6. The applicant's records is void of medical records showing he was wounded in action or treated for a wound received as a result of enemy action. 7. The applicant's name is not included on the Vietnam casualty roster. 8. On 26 March 1970, he was released from active duty. His DD Form 214 lists the following awards: * National Defense Service Medal * Army Commendation Medal * Vietnam Service Medal * Bronze Star Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal 9. Regulatory guidance states the Purple Heart is awarded to members wounded in action. In order to award the Purple Heart, there must be evidence that the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. 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 regulation. Upon review of the applicant’s petition, and available military records, the Board found the applicant served during combat and was injured from an enemy mortar while deployed in the Republic of Vietnam. The Board noted the Department of Veterans Affairs awarded him a disability rating of 10-percent for shrapnel in his left knee. The Board determined the applicant’s record is void of a DA Form 20 (Enlisted Qualification Record) that might confirm combat wounds in Item 40 (Wounds). The applicant’s name is not reflected on the Vietnam casualty roster. Further, the Board found insufficient evidence in the applicant’s records of wounds sustained, confirmation of enemy inflicted or record of treatment at the time he was in Vietnam. The Board concluded based on regulatory guidance the applicant did not meet the criteria for award of the Purple Heart. 2. However, during deliberation, the Board determined the applicant’s service did not reflect he was awarded the Army Good Conduct Medal (AGCM) and his record shows he received excellent conduct and efficiency ratings throughout his service. Therefore, the Board granted partial relief to correct the applicant’s record by awarding him the Army Good Conduct Medal (1st Award). 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 is 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 18 June 1969 to 26 March 1970 and adding the medal to his DD Form 214 for the period ending 26 March 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): 1. The applicant is authorized additional awards. Correct his DD Form 214, ending 4 February 1971 by: a. deleting the Vietnam Service Medal and the Army Commendation Medal b. adding the * Army Commendation Medal with “V” Device and (2 OLC) * Valorous Unit Award * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal Unit Citation 2. The following documents are sufficient to correct the applicant’s DD Form 214, ending 4 February 1971 without Board action. * DD Form 214 * General Orders (GO) Number 19827, 11 November 1970, Headquarters, 1st Cavalry (Air Mobile), awarded the Army Commendation Medal for the period December 1969 to December 1970 * GO Number 21469, 11 December 1970, Headquarters, 1st Cavalry (Air Mobile), awarded the Army Commendation Medal for heroism 19 October 1970 to 21 October 1970 * GO Number 2096, 31 January 1971, Headquarters, 1st Cavalry (Air Mobile), awarded the Army Commendation Medal, for the period 1 December 1970 to 29 January 1971 * Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) REFERENCES: 1. Title 10, United States 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 Army Board for Correction of Military Records (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) 600-8-22, Military Awards, states: a. The Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer include a statement in the Servicemember's medical record that wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the Servicemember's medical and/or health record. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. A silver service star is authorized in lieu of five bronze service stars. The applicant participated in the following campaigns: * Vietnam Winter Spring 1970, 1 November 1969-30 April 1970 * DA Sanctuary Counteroffensive, 1 May 1970-30 June 1970 * Vietnam counteroffensive, Phase VII, 1 July 1970-30 June 1971 3. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 30th Artillery was cited for award of the: * Valorous Unit Award, for the period 1 May 1970 to 29 June 1970, by Department of the Army General Orders (DAGO) Number 43, 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 February 1967 to 17 May 1968, by DAGO Number 21, 1969. * Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, for the period 1 January 1969 to 1 February 1979, by DAGO Number 42, 1972 4. Army Regulation 15-185, ABCMR, prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004673 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1