IN THE CASE OF:	  
		BOARD DATE:	  
		DOCKET NUMBER:  AR20080010688 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded two awards of the Purple Heart (correctly known as the Purple Heart with 1st Oak Leaf Cluster).

2.  The applicant states, in effect, that he was awarded two awards of the Purple Heart; however, only one is shown on his DD Form 214.  He states that he would like to have both medals put on his records.

3.  The applicant provides a copy of his DD Form 214, a copy of General Orders (GO) 3569, a copy of SF (Standard Form) 88 ( Report of Medical Examination), and a copy of SF 89 (Report of Medical History) in support of his request. 

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 record shows he enlisted in the Regular Army on 20 April 1966.  He was trained as an EENT (Eyes, Ear, Nose, and Throat) Specialist.   

3.  The applicant served in Vietnam from 4 June 1967 to 3 June 1968.  He was promoted to pay grade E-5 on 21 September 1967.  He served until he was honorably released from active duty on 18 April 1969. 

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Purple Heart; the Combat Medical Badge; the Republic of Vietnam Campaign Medal, with Device (1960); two Overseas Service Bars; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14); and the Army Commendation Medal.  His DD Form 214 does not show any additional awards.

5.  The applicant's name appears on the Vietnam Casualty List for a wound received on 25 September 1967 during his service in Vietnam as a result of enemy action.  It fails to show that he was listed for any additional wounds.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "Fg Wd (fragmentation wound) left hand" in item 40 (Wounds).  Item 41 (Awards and Decorations) show that he was awarded the Purple Heart, by General Orders Number 3469 (sic 3569), Headquarters, 4th Infantry Division, dated 26 October 1967.  

7.  There are no orders in the applicant's service personnel record which shows that he received two awards of the Purple Heart.  

8.  The applicant submits a copy of his Report of Medical Examination, dated 28 January 1969, which shows he was diagnosed as having Tinea Versicolor  (skin problems) and bilateral hearing loss.  

9.  The applicant submitted a copy of his Report of Medical History which shows  he reported that he received a shrapnel wound to his right hand and back on 21 September 1967 and a shrapnel wound to his left arm on 4 January 1968.  He was treated at the 4th "Surg," 4th Infantry Division.  His SF 88 also lists additional minor ailments.  The examining physician made no entry in item 39 of the SF 88 to corroborate the applicant's report of wounds received on 4 January 1968.  Wounds received on 21 September 1967 are well documented and the Purple Heart was awarded. 

10.  The applicant's records contain a copy of a message from the VACO (Veterans Administration Central Office) to the USAACO (United States Army Accessions Command), St Louis, dated 23 September 1969, in which the VACO made a request for additional medical records.  

11.  Army Regulation (AR) 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.  Paragraph 2-8d states that "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."  The bronze oak leaf cluster is awarded to denote the second and succeeding award of a certain decoration, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders awarding the applicant a second Purple Heart.  The applicant's name is shown on the Vietnam Casualty List only once for the wound he sustained on 25 September 1967.  His DD Form 214, dated 18 April 1969, shows he was awarded the Purple Heart for this wound.

2.  The available evidence to include the documents the applicant provided are insufficient to support award of a second Purple Heart.  To receive a second award of the Purple Heart, the applicant must show that he was wounded a second time as a result of hostile action, that the wound was treated and the treatment was documented.

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)                                         AR20080010688



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ABCMR Record of Proceedings (cont)                                         AR20080010688



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