IN THE CASE OF:	

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080012212 


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, award of the Purple Heart (Second Oak Leaf Cluster).

2.  The applicant states that he was wounded three times in 1969 and that he never received his additional awards of the Purple Heart.

3.  The applicant provides no additional information in support of his 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 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.  On 5 July 1967, the applicant was inducted into the Army of the United States in Indianapolis, Indiana.  He successfully completed his training as an armor crewman.  He was transferred to Vietnam on 17 August 1968.

3.  Item 40 (Wounds) of the applicant DA Form 20 (Enlisted Qualification Record) shows that on 9 May 1969, he sustained a shrapnel wound to his right shoulder while he was in Vietnam. 

4.  The applicant returned to the Continental United States (CONUS) on 22 June 1969.

5.  On 27 June 1969, the applicant was honorably released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Good Conduct Medal.

6.  The applicant reenlisted in the Army on 18 September 1969 and he was transferred to Germany on 28 February 1970.  He was transferred to Vietnam on 11 July 1970.

7.  The applicant’s DA Form 20 shows that he was awarded the Purple Heart by Headquarters, 24th Evacuation Hospital, General Orders Number 58, dated April 1971.  However, the orders awarding him the Purple Heart are not on file in his official records.

8.  The applicant’s DA Form 20 also shows that he was hospitalized at the Medical Holding Company in Japan on 1 May 1971.  He returned to CONUS on 22 May 1971 and he was hospitalized at Walter Reed Army Medical Center, Washington, DC.  However, the available records do not show the reason for his hospitalization.  He was released from the hospital on 26 July 1971 and reassigned to Fort Hood, Texas.

9.  The applicant was honorably REFRAD on 7 April 1972 and transferred to the USAR Control Group (Standby) to complete his remaining military service obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the Vietnam Service Medal with two bronze service stars, the Purple Heart, and the Army Commendation Medal.



10.  A review of the Vietnam Casualty Listing shows that the applicant was wounded as a result of hostile action by enemy forces only once when he was in Vietnam.  Further review of the Vietnam Casualty Listing shows that the wound was sustained on 9 May 1969.  

11.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review revealed a copy of orders for the applicant’s already-awarded Good Conduct Medal; however, no other orders are on file for the applicant.

12.  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 medical personnel, and the medical treatment must have been made a matter of official record.  The 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 contends that he is entitled to award of the Purple Heart (Second Oak Leaf Cluster) for being wounded on three occasions in 1969, while he was in Vietnam.

2.  The applicant’s records do not show that he was wounded on three occasions in 1969.  His records show that he sustained a shrapnel wound to his right shoulder on 9 May 1969 and the Vietnam Casualty Listing supports his records.  Therefore, in the absence of the orders that awarded him the Purple Heart, it is reasonable to presume that he was awarded the Purple Heart for the wound that he received on 9 May 1969, although General Order Number 58 was not published until April 1971.

3.  While his records show that he was hospitalized in May 1971, his records do not show the reason for his hospitalization.  There is no evidence in the available record, nor has the applicant submitted any evidence to support his contention that he is entitled to the award of the Purple Heart (Second Oak Leaf Cluster).

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080012212



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ABCMR Record of Proceedings (cont)                                         AR20080012212



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