IN THE CASE OF: BOARD DATE: 4 December 2008 DOCKET NUMBER: AR20080015326 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that he be awarded a second Purple Heart (Purple Heart with Oak Leaf Cluster). 2. The applicant states, in effect, that when he was wounded by shrapnel in Vietnam, he was medically evacuated by helicopter. When the helicopter was picking up another casualty while en route to the hospital, the helicopter was hit by enemy fire, which wounded him again in the groin and buttocks. Since he was wounded in two separate instances and locations approximately 90 minutes apart, he believes he is entitled to a second Purple Heart. 3. The applicant provides his separation document (DD Form 214), and a correction to his DD Form 214 (DD Form 215). CONSIDERATION OF EVIDENCE: 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 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military records show that he was inducted into the active Army on 27 February 1968, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-4. 3. The applicant arrived in Vietnam on 17 November 1968. 4. On 7 March 1969, a telegram was sent to the applicant's parents which stated that the applicant "was slightly wounded in Vietnam on 5 March 69 as a result of hostile action. He received a fragment wound to the left leg, groin, and buttocks.  He was on company movement when hit by fragment from friendly mortar directed at a hostile force." 5. On 6 March 1969, the applicant was awarded the Purple Heart for wounds incurred on 5 March 1969. 6. The applicant departed Vietnam on 23 March 1969 in a patient status and was honorably released from active duty and transferred to the Army Reserve Control Group on 13 November 1969. The DD Form 214 he was issued does not list the Purple Heart. 7. On 18 March 1970, a DD Form 215 was published which added the Purple Heart and the Combat Infantryman Badge. 8. The applicant's DA Form 20, Enlisted Qualification Record, Item 40, Wounds, has entered "FGW [fragment wound] (L) leg, groin, buttocks 5 Mar 69." 9. The applicant's records do not contain any evidence that the applicant was wounded twice. 10. The Vietnam Casualty List only contains one entry for the applicant. 11. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds sustained 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 a medical officer, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. While the applicant would be entitled to a Purple Heart with Oak Leaf Cluster if he was wounded twice on the same day, unfortunately, there is no evidence to substantiate the applicant's contention that he was wounded twice on the same day. All of the documents in the applicant's records, including the telegram sent to his parents, and the Vietnam Casualty List, show that the applicant was wounded once. 2. The applicant properly had his Purple Heart added to his DD Form 214 by the publication of a DD Form 215. There is insufficient evidence in which to further amend his DD Form 214 to add an additional Purple Heart. 3. In view of the foregoing, there is no basis in which to grant the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X____ ___X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ X _______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20080015326 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080015326 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1