IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080007837
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of four rather than just three Purple Hearts for wounds received during his service in the Republic of Vietnam.
2. The applicant states that he was wounded on four separate occasions.
3. The applicant provides copies of his DD Form 214 and DD Form 215 (Correction to DD Form 214), and a letter from the Department of Veterans Affairs (VA) denying compensation for service-connected disability.
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. On 11 June 1969, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. On 17 December 1969, the applicant was assigned for duty as a rifleman with A Company, 2nd Battalion (Airmobile), 501st Infantry Regiment, 101st Airborne Division, in the Republic of Vietnam.
4. General Orders Number 99, 95th Evacuation Hospital, dated 9 May 1970, awarded the applicant the Purple Heart for wounds received in action on 8 May 1970.
5. On 22 July 1970, the applicant was reassigned as an automatic rifleman with
Headquarters and Headquarters Company, 2nd Battalion (Airmobile), 501st Infantry Regiment, 101st Airborne Division.
6. On 30 July 1970, the applicant was reassigned for duty as a cook within his unit.
7. On 9 December 1970, the applicant returned to the United States.
8. General Orders Number 14391, 101st Airborne Division, dated 10 December 1970, awarded the applicant a second Purple Heart for wounds received on
19 February 1970; and a third Purple Heart for wounds received in action on
6 July 1970.
9. On 14 December 1970, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training). He had attained the rank of sergeant, pay grade E-5 and had completed 1 year, 6 months, and 4 days of creditable active duty.
10. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by DD Form 215 lists his awards as the National Defense Service Medal, Purple Heart with two Oak Leaf Clusters, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar. It does not show award of a fourth Purple Heart.
11. There is no available evidence in the applicants records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a fourth Purple Heart.
12. The applicants name is listed twice on the Vietnam Casualty Roster for wounds received in action on 19 February and 6 July 1970.
13. Item 40 (Wounds) of the applicants Enlisted Qualification Record (DA Form 20) shows that he was wounded on only two occasions, once in May 1970 and again in July 1970.
14. Army Regulation 600-8-22 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 medical personnel, and the medical treatment must have been made a matter of official record.
15. Army Regulation 600-8-22 further provides, in pertinent part, that the Purple Heart is authorized for the first wound suffered under conditions indicated above. For each subsequent award an Oak Leaf Cluster will be worn on the Purple Heart 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:
The available evidence of record shows that the applicant was awarded three Purple Hearts for wounds sustained in action during his service in the Republic of Vietnam. The applicant has not provided any evidence showing he was wounded a fourth time; nor has he provided any convincing argument or information regarding the circumstances of a fourth wound. Therefore, his request for award of a fourth Purple Heart should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080007837
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