BOARD DATE: 10 February 2011 DOCKET NUMBER: AR20100018806 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 award of the Purple Heart. 2. He states he was wounded in the Republic of Vietnam (RVN) and he should have three awards of the Purple Heart. 3. He provides copies of: * General Orders 2264-82, Headquarters, United States Army Vietnam, dated 29 June 1971, announcing award of the Bronze Star Medal with "V" Device with two transmittal letters * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) effective 15 April 1969 * DD Form 214 effective 20 February 1972 * DD Form 214 effective 24 March 1977 * DD Form 214 effective 30 September 1994 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. He is a retired Regular Army sergeant major/pay grade E-9. 3. The applicant's DA Form 2-1 (Personnel Qualification Record) reflects in item 35 (Record of Assignments) that he served in the Republic of Vietnam (RVN) from 13 July 1970 through 18 February 1972. 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Forms 214 on file does not show he was awarded the Purple Heart. 5. The Vietnam Casualty Roster does not list his name and a review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart. 6. Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank. 7. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. 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. 8. The applicant provided general orders awarding him the Bronze Star Medal with "V" Device. The order states he was wounded by fragments from an enemy grenade while in contact with the enemy in the RVN on 3 May 1971. DISCUSSION AND CONCLUSIONS: 1. The orders announcing award of the Bronze Star Medal with "V" Device state he was wounded by fragments from an enemy grenade while in contact with the enemy on 3 May 1971. This is accepted as sufficient evidence that he did receive wounds as a result of hostile action. 2. Therefore, the applicant should be awarded the Purple Heart for the wound that he received on 3 May 1971 and his DD Form 214 for the period ending 30 September 1994 should be corrected to show award of the Purple Heart. 3. There is no available evidence to support the applicant's contention that he should have two additional (a total of three) awards of the Purple Heart. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __x___ ____x____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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: a. awarding him the Purple Heart for the wound he received on 3 May 1971; and b. adding the Purple Heart to item 24 of his DD Form 214 for the period ending 30 September 1994. 2. The Board further determined that 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 two additional awards of the Purple Heart. __________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) AR20100019110 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018806 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1