IN THE CASE OF:
BOARD DATE: 3 July 2008
DOCKET NUMBER: AR20080000812
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 correction of his record to show he was awarded two Purple Hearts [Correctly known as the Purple Heart with First Oak Leaf Cluster].
2. The applicant states, in effect, that he received two Purple Hearts for wounds sustained while serving in the Republic of Vietnam. The applicant continues that the Purple Heart with First Oak Leaf Cluster should be added to his record so he may receive Veterans Affairs benefits.
3. The applicant does not provide any documentary evidence in support of this application.
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 applicants 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 applicants 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 record shows that he was inducted into the Army of the United States on 21 January 1969 and entered active duty on 24 January 1969. He completed basic and advanced individual training and was awarded the military occupational specialty 11D (Armor Reconnaissance Specialist). The highest rank he achieved was sergeant/pay grade E-5.
3. Block 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) for his period of service ending on 13 April 1971 shows he served in the Republic of Vietnam during the period 16 October 1969 through 19 October 1970. Block 40 (Wounds) is blank. Block 41 (Awards and Decorations) does not show award of the Purple Heart.
4. The Republic of Vietnam Casualty Roster shows that the applicant was wounded as the result of hostile action on 11 May 1970.
5. Department of the Army, Headquarters, Americal Division, General Orders 4602, dated 13 May 1970, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force while serving in the Republic of Vietnam on 11 May 1970.
6. Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.
7. 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 military medical personnel, and the medical treatment must have been made a matter of official record. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.
8. A Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an Oak Leaf Cluster will be awarded to 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's contention that he is entitled to award of the Purple Heart with First Oak Leaf Cluster due to wounds he received as the direct result of hostile action was carefully considered and determined to be with partial merit.
2. General Orders awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force while serving in the Republic of Vietnam on 11 May 1970. Therefore, the applicant is entitled to have his records corrected to show this award.
3. There are no orders, medical evidence, or corroborating administrative evidence in the available records showing the applicant either received or is eligible to receive an additional Purple Heart for wounds received in connection with military operations against a hostile force while serving in the Republic of Vietnam.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ __X_____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 showing he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force while serving in the Republic of Vietnam on 11 May 1970.
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 award of a second 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) AR20080000812
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080000812
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2003 | 2003089390C070403
The applicant requests, in effect, that the Combat Infantryman Badge; the Army Commendation Medal, with 2nd Oak Leaf Cluster; the Bronze Star Medal; and the Purple Heart, 1st Oak Leaf Cluster, be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. There are no orders or citation available in the applicant's service personnel records to show that he was awarded the Army Commendation Medal with first oak leaf cluster, and the applicant provided none. ...
ARMY | BCMR | CY2012 | 20120005438
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect all awards and decorations earned, including the: * Bronze Star Medal with 2nd Oak Leaf Cluster with "V" Device * Army Commendation Medal with 1st Oak Leaf Cluster with "V" Device * Purple Heart with 1st Oak Leaf Cluster * Combat Infantryman Badge 2. He should be awarded the Army Good Conduct Medal (1st Award) for the period 14 March 1968 to 22 February 1970...
ARMY | BCMR | CY2009 | 20090005518
The applicant requests correction of his separation document to show two awards of the Purple Heart, the Army Commendation Medal with "V" Device, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and "Overseas Ribbon." Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. As a result, the Board recommends that...
ARMY | BCMR | CY2008 | 20080017358
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded two Purple Hearts, the Air Medal, two Army Commendation Medals, and a Certificate of Appreciation. The applicant contends that his DD Form 214 should be corrected to show that he was awarded two awards of the Purple Heart, the Air Medal, two awards of the Army Commendation Medal, and a Certificate of Appreciation. Therefore, it would be...
ARMY | BCMR | CY2008 | 20080007537
Counsel requests that the applicant's records be corrected by correcting his SSN on the award orders for the Purple Heart and Air Medal and adding the Army Commendation Medal and Combat Infantryman Badge to his DD Form 214. The applicant's DA Form 20 (Enlisted Qualification Record) shows the following pertinent notations: a. block 29 (Qualification in Arms), qualification as a first class [sharpshooter] machine gunner with the M-60 machine gun; a sharpshooter with the M-14 rifle; and a...
ARMY | BCMR | CY2009 | 20090017274
The evidence of record shows he wounded as a result of hostile action on 16 July 1968 in Vietnam and was awarded the Purple Heart. Despite the lack of general orders awarding the applicant the Purple Heart with first oak leaf cluster, the evidence shows he is qualified for award of the Purple Heart with first oak leaf cluster for wounds received as a result of hostile action on 30 January 1969 as verified by the Vietnam casualty roster. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2008 | 20080002587
He also requests award of the Combat Infantryman Badge; award of the Purple Heart (Third Oak Leaf Cluster); award of the Air Medal (Third and Fourth Awards); correction of the faulty Bronze Star Medal entry made on his DD Form 215 (Correction to DD Form 214); award of all of his unit citations; correction of block number 18 (Prior Regular Enlistments) on his DD Form 214 for the period ending 29 March 1971 to show that he had a prior period of enlisted service; and correction of block number...
ARMY | BCMR | CY2006 | 20060011101
The applicant's records contain a letter, dated 2 September 1971, from the Army Reserve Components Personnel and Administration Center, which shows he was awarded him the First Oak Leaf Cluster to the Army Commendation Medal. The evidence of record confirms that the applicant was awarded the Army Commendation Medal with Oak Leaf Cluster, by his unit, after his separation from active duty. As a result, the Board recommends that all the Department of the Army records of the individual...
ARMY | BCMR | CY2006 | 20060005771C070205
There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Bronze Star Medal with two oak leaf clusters and with "V" device; the Republic of Vietnam Gallantry Cross with Palm...
ARMY | BCMR | CY2012 | 20120007211
There are no orders in the applicants service personnel records nor did he provide a copy of orders awarding him the Bronze Star Medal. The applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214: * Purple Heart (2nd Award) * Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal * Republic of Vietnam...