RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 May 2007
DOCKET NUMBER: AR20070000790
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Gerard W. Schwartz | |Acting Director |
| |Ms. Loretta D. Gulley | |Analyst |
The following members, a quorum, were present:
| |Mr. Hubert O. Fry | |Chairperson |
| |Mr. Thomas E. O’Shaughnessy | |Member |
| |Mr. James R. Hastie | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his request to be awarded the
Purple Heart.
2. The applicant states, in effect, that he found the orders for the
Purple Heart he was awarded for injuries he received in the Republic of
Vietnam.
3. The applicant provided a copy of General Orders Number 8 and a copy of
a certificate for the Purple Heart in support of this application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20060007976, on
21 November 2006.
2. During its original review of the applicant's case, the Board found no
evidence of record that showed the applicant was awarded the Purple Heart.
3. The applicant provides a copy of General Orders Number 8 and a
Department of the Army certificate awarding the Purple Heart as new
evidence in support of his request for the Purple Heart.
4. The applicant's DD Form 214 shows that he was inducted into the Army of
the United States on 15 April 1970. He was awarded the military
occupational specialty (MOS) Light Weapons Infantryman (11B). The highest
rank he attained while serving on active duty was Specialist (SP4).
5. General Orders Number 8, Headquarters, 91st Evacuation Hospital, dated
10 January 1971, shows that the applicant was awarded the Purple Heart for
injuries received on 9 January 1971.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound 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. For subsequent award Oak Leaf Cluster
will be worn on the medal or ribbon. Not more than one award will be made
for more than one wound or injury received at the same instant or from the
same missile, force, explosion, or agent.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he is entitled to correction of his records
to show award of the Purple Heart.
2. General Orders Number 8, dated 10 January 1971 show the applicant was
awarded the Purple Heart, which is not shown on his separation document.
Therefore, he is entitled to correction of his records to show this award.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 December 1971. Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
15 December 1974. Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
in this case based on the fact there is no statute of limitations on
requests for award of the Purple Heart.
BOARD VOTE:
___HOF _ ___TEO_ ___JRH__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ _________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR20060007976 on
21 November 2006. As a result, the Board recommends that all Department of
the Army records of the individual concerned be corrected by awarding him
the Purple Heart and providing him a correction to his separation document
that includes this award.
__Hubert O. Fry___
CHAIRPERSON
INDEX
|CASE ID |AR20070000790 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |2007/05/22 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |MR. SCHWARTZ |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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