IN THE CASE OF:	  

		BOARD DATE:	        5 March 2009

		DOCKET NUMBER:  AR20080014133 


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 a second award of the Purple Heart.

2.  The applicant states, in effect, that he was injured twice in the Republic of Vietnam but his second injury was not submitted for consideration. 

3.  The applicant provides a copy of a certificate, dated 25 April 1969, showing his first award of the Purple Heart; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 18 February 1970; and copies of his Standard Forms (SF) 600 (Chronological Record of Medical Care), dated 21 May 1969 and 10 June 1969 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.  The applicant's records show he was inducted into the Army of the United States on 19 February 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantry).  He was honorably released from active duty on
18 February 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The highest rank/grade he attained during this period of military service was specialist four (SP4)/E-4.

3.  The applicant’s records show he served in the Republic of Vietnam from 
11 August 1968 through 7 August 1969.  He was assigned to Team 99, III Corps Tactical Zone (CTZ), U.S. Military Assistance Command, Vietnam. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Air Medal, Army Commendation Medal (1st Oak Leaf Cluster) and “V” Device, and the Purple Heart.

5.  Headquarters, U.S. Military Assistance Command, Vietnam, General Orders Number 2097, dated 25 April 1969, show the applicant was awarded the Purple Heart for wounds received in action in connection with military operations against a hostile force in the Republic of Vietnam on 31 March 1969.

6.  There are no general orders in the applicant's records that show he was awarded a second award of the Purple Heart.

7.  The applicant's name is shown on the Vietnam Casualty Roster under code "24" indicating he was wounded in action.  The roster lists the date of injury as 31 March 1969.  There is no listing of a second injury/wound.

8.  The applicant submitted copies of his chronological record of medical care as follows:

	a.  An SF 600, dated 21 May 1969, shows an entry made at the 12th Evacuation Hospital for a 21-year old male who suffered a superficial fragment wound to the right lower leg and right hand and that there was no nerve or artery involvement and a listing of treatment disposition.  However, the SF 600 does not identify the patient by name, service number, or any other identification; and


	b.  An SF 600, dated 10 June 1969, identified the applicant as the person who received medical care at Arthur E. Lewis dispensary.  This form shows the applicant was diagnosed with an “old wound, slow in healing" and that the recommended treatment was to “use soap and keep opening clean."  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends that he is entitled to a second award of the Purple Heart.

2.  The chronological record of medical care, dated 21 May 1969 does not list the applicant as being the one wounded and/or treated at the 12th Medical Hospital.  Additionally, the record of medical care does not show the source of this superficial fragment injury.  

3.  The applicant’s name is shown on the Vietnam casualty Roster as being wounded on 31 March 1969; however, there is no second injury listed on this roster.  

4.  In the absence of documentation that shows the applicant was wounded or injured a second time as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base a second award of the Purple Heart in this case.

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.


															XXX
      ______________________
               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)                                         AR20080014133



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ABCMR Record of Proceedings (cont)                                         AR20080014133



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