IN THE CASE OF: 

		BOARD DATE: 15 November 2023

		DOCKET NUMBER: AR20230006191


APPLICANT REQUESTS: entitlement to the Purple Heart.

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

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Report of Separation from Active Duty)
*	DA Form 1380 (U.S. Field Medical Card)

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, while reviewing his records he came across a 
DD Form 1380 which documents an injury he sustained during a rocket attack in Pleiku, 
Vietnam on 4 June 1970. The reverse side of the card is stamped "Purple Heart not 
awarded this station", however, the Purple Heart was never awarded upon his return 
from Vietnam.

3.  The applicant's DD Form 214 is missing awards not addressed in his current 
application to the Board. The missing awards will be addressed through an 
administrative correction without action by the Board. 

4.  The applicant enlisted in the Regular Army on 28 February 1969. On 8 March 1970, 
he was honorably discharged to accept appointment as a warrant officer. On 9 March 
1970, he was appointed as a Reserve warrant officer in the Army of the United States.

5.  He was honorably released from active duty on 31 October 1977. The DD Form 214 
he was issued shows he was awarded or authorized the:

*	Bronze Star Medal (1st oak leaf cluster)
*	Air Medal (15th Award)
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Ribbon with Device (1960)
*	Armed Forces Expeditionary Medal
*	National Defense Service Medal
*	Army Aviator Badge
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Expert Marksmanship Qualification Badge with Pistol Bar (.38 caliber)
*	2 Overseas Service Bars

6.  His Official Military Personnel File (OMPF) contains:

	a.  DA Form 2-1 (Personnel Qualification Record) prepared on 22 November 1974, 
that states he served in the Republic of Vietnam from 22 April 1970 to 21 April 1970. 
The form further shows he served in Korea from 8 January 1974 to 26 November 1974.

	b.  General Orders Number 23, Headquarters, U.S. Army Aviation Regiment, 
22 January 1970, which awarded him the Army Good Conduct Medal.

	c.  The front page of DD Form 1380 which shows while in the line of duty on 4 June 
1970, 1930 hours, the applicant was wounded in action while running to a bunker during 
a rocket attack. He sustained a lacerated right big toe which was cleansed and dressed. 
The document appears to show he was assigned to the 189th Aviation Company, 52nd 
Aviation Battalion, 17th Aviation Group, 1st Aviation Brigade.

	d.  DA Form 4037 (Officer Record Brief) which shows he was awarded, in part, the 
Army Good Conduct Medal and the Vietnam Service Medal with 3 bronze service stars. 
The form further shows he served in Pleiku, Vietnam.

	e.  Standard Form 600 (Chronological Record of Medical Care), 4 June 1970, which 
contains the entry, "Lacerated (R) big toe."  Treatment information is not present on the 
form.

7.  The applicant provides DD Form 1380. Item 32 (Remarks) of the reverse side of the 
form contains the entry, "Purple Heart Not Awarded This Station."

8.  He was honorably discharged from the U.S. Army Reserve on 10 November 2005.

9.  During the processing of this case, a member of the Board's staff reviewed the 
Department of the Army Vietnam casualty roster. The applicant's name is included on 
the roster and shows due to small arms fire, he was wounded in action on 4 June 1970, 
(not serious, not hospitalized). 




BOARD DISCUSSION:

1.  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. The 
Board found the applicant is listed on the Vietnam Casualty Roster has been wounded 
by hostile forces. The Board agreed, based on regulatory guidance the applicant met 
the criteria for award of the Purple Heart.  Therefore, the Board granted relief.

2.  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

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

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 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 31 October 1977 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.


ADMINISTRATIVE NOTE(S): 

	a.  The following orders and regulatory cites are sufficient to make the following 
administrative corrections to the applicant's DD Form 214 for the period ending on 31 
October 1977 without action by the Board:

*	General Orders Number 23, issued by Headquarters, USAAVNS Regiment, 
on 22 January 1970, awarded him the Army Good Conduct Medal
*	Army Regulation 600-8-22, paragraph 2-22 (Korea Defense Service Medal)
*	Department of the Army Pamphlet 672-3, paragraph 8a (12,13,14)

	b.  Delete the Vietnam Service Medal from item 26 (Decorations, Medals, Badges, 
Commendations, Citations and Campaign Ribbons Awarded or Authorized), and add 
the following awards:

*	Army Good Conduct Medal
*	Korea Defense Service Medal
*	Vietnam Service Medal with 3 bronze service stars


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:

	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 Service member'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 Service member's medical and/or 
health record.



	b.  A bronze service star is worn on the appropriate service ribbon, to include the 
Vietnam Service Medal, for each credited campaign. The applicant participated in the 
following three 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 1970

	c.  The Korea Defense Service Medal is authorized for award to members of the 
Armed Forces of the United States who have served on active duty in support of the 
defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be 
determined by the Secretary of Defense.

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 the 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. There must have been no convictions by a court-martial.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230006191


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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