IN THE CASE OF: BOARD DATE: 13 December 2023 DOCKET NUMBER: AR20230006026 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his already-awarded Purple Heart (2nd Award). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, his DD Form 214 should show two Purple Hearts but only one is listed. In August 1966, he incurred wounds while fighting in the Mekong River Delta; at the time, he was assigned to the 1st Battalion, 18th Infantry Regiment, 1st Infantry Division. He sustained wounds again in December 1966 while stationed in Saigon with MACV (Military Assistance Command, Vietnam); the Vietcong attacked the Monterey BEQ (Bachelor Enlisted Quarters). The applicant states he no longer has either sets of Purple Heart orders, and, due to the significance of his injuries, he has no recollection of getting wounded; he just knows he is supposed to have two Purple Hearts. 3. A review of the applicant's service record reveals the following: a. On 24 March 1965, the applicant enlisted into the Regular Army for 3 years; he was absent without leave (AWOL) twice during airborne training, and a special court- martial convicted him of those absences. While in confinement, he volunteered for Vietnam, and he arrived in country, on 3 May 1966; orders subsequently placed him in the 1st Battalion, 18th Infantry Regiment. b. While in the 1st Battalion, 18th Infantry Regiment, the applicant received the Combat Infantryman Badge and the Purple Heart. In October 1966, intratheater orders reassigned him to the U.S. Army Support Command in Saigon, where he performed security duties until he was medically evacuated following a jeep accident; as a result of the accident, doctors amputated the applicant's big and second toes on his left foot. c. After his release from the hospital, orders reassigned him to a training unit at Fort Dix, NJ, and he arrived at his new unit, on 11 May 1967; between 11 July 1967 and 25 November 1968, the applicant was AWOL five times. Following his last period of AWOL, the applicant requested separation under chapter 10 (Discharge for the Good of the Service), Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel). d. On 23 December 1968, the separation authority approved the applicant's request, and, on 10 January 1969, orders discharged the applicant under other than honorable conditions. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showed he completed 2 years, 9 months, and 4 days of his 3-year enlistment contract and numerous periods of lost time (AWOL and confinement). Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) listed the following: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * One overseas service bar e. The applicant petitioned the Army Discharge Review Board (ADRB) and, in December 1976, he appeared personally in a formal hearing; the ADRB denied his request. f. On 18 April 2000, the applicant applied for relief to the ABCMR. On 14 June 2001, the Board granted his upgrade request and reissued his DD Form 214 with a general discharge under honorable conditions; item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the reissued DD Form 214 lists the following: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class * Purple Heart * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * One overseas service bar 5. The Vietnam Casualty Roster is a listing of Vietnam-era casualties commonly used to verify the entitlement to the award of the Purple Heart. The applicant is not listed on this roster. 6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any General Orders for the Purple Heart pertaining to the applicant. 7. During the applicant's era of service, Army Regulation (AR) 672-5-1 (Awards), prescribed policies and procedures for military awards; it stated the following: a. The Purple Heart was awarded in the name of the President of the United States to any member of the Armed Forces 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 after 5 April 1917, died or sustained wounds as a result of hostile action. b. Substantiating evidence had to be provided verifying that the wound resulted from hostile action, the wound required treatment by medical personnel, and the medical treatment received had been 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 relief was not 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 is no medical record showing the applicant received wounds caused by enemy forces that required treatment by medical personnel. The burden of proof rest on the applicant and the applicant provided no new evidence to support his claim for award of the Purple Heart (2nd Award). The Board agreed there was insufficient evidence that showed the applicant’s name on the casualty listing or notification to his family that he had been wounded. There is no medical record showing the applicant received wounds caused by enemy forces that required treatment by medical personnel. Based on insufficient evidence, the Board denied relief. 2. 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. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING xx xx xx DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 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. 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. AR 672-5-1 (Awards) prescribed policies and procedures for military awards. It stated the following: a. The Purple Heart was awarded in the name of the President of the United States to any member of the Armed Forces 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 after 5 April 1917, died or sustained wounds as a result of hostile action. b. Substantiating evidence had to be provided verifying that the wound resulted from hostile action, the wound required treatment by medical personnel, and the medical treatment received had been made a matter of official record. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230006026 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1