IN THE CASE OF:
BOARD DATE: 4 December 2008
DOCKET NUMBER: AR20080015326
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 that he be awarded a second Purple Heart (Purple Heart with Oak Leaf Cluster).
2. The applicant states, in effect, that when he was wounded by shrapnel in Vietnam, he was medically evacuated by helicopter. When the helicopter was picking up another casualty while en route to the hospital, the helicopter was hit by enemy fire, which wounded him again in the groin and buttocks. Since he was wounded in two separate instances and locations approximately 90 minutes apart, he believes he is entitled to a second Purple Heart.
3. The applicant provides his separation document (DD Form 214), and a correction to his DD Form 214 (DD Form 215).
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 military records show that he was inducted into the active Army on 27 February 1968, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-4.
3. The applicant arrived in Vietnam on 17 November 1968.
4. On 7 March 1969, a telegram was sent to the applicant's parents which stated that the applicant "was slightly wounded in Vietnam on 5 March 69 as a result of hostile action. He received a fragment wound to the left leg, groin, and buttocks. He was on company movement when hit by fragment from friendly mortar directed at a hostile force."
5. On 6 March 1969, the applicant was awarded the Purple Heart for wounds incurred on 5 March 1969.
6. The applicant departed Vietnam on 23 March 1969 in a patient status and was honorably released from active duty and transferred to the Army Reserve Control Group on 13 November 1969. The DD Form 214 he was issued does not list the Purple Heart.
7. On 18 March 1970, a DD Form 215 was published which added the Purple Heart and the Combat Infantryman Badge.
8. The applicant's DA Form 20, Enlisted Qualification Record, Item 40, Wounds, has entered "FGW [fragment wound] (L) leg, groin, buttocks 5 Mar 69."
9. The applicant's records do not contain any evidence that the applicant was wounded twice.
10. The Vietnam Casualty List only contains one entry for the applicant.
11. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the applicant would be entitled to a Purple Heart with Oak Leaf Cluster if he was wounded twice on the same day, unfortunately, there is no evidence to substantiate the applicant's contention that he was wounded twice on the same day. All of the documents in the applicant's records, including the telegram sent to his parents, and the Vietnam Casualty List, show that the applicant was wounded once.
2. The applicant properly had his Purple Heart added to his DD Form 214 by the publication of a DD Form 215. There is insufficient evidence in which to further amend his DD Form 214 to add an additional Purple Heart.
3. In view of the foregoing, there is no basis in which to grant the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20080015326
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080015326
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060003538C070205
There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. There is no reason to doubt the statements provided by the applicant’s former platoon leader, rifleman, and medic; however, without medical evidence verifying the applicant's wounding, there is an insufficient basis for award of the Purple Heart in this case. As a result, the Board determined that the overall merits of this case are...
ARMY | BCMR | CY2008 | 20080014658
Although Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time of his discharge shows that he was awarded five Overseas Service Bars and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, this final DD Form 214 does not show the all of his awards and decorations that he is authorized. Record shows the applicant was awarded the Vietnam Service Medal. As a result, the...
ARMY | BCMR | CY2010 | 20100017314
Army Regulation 600-8-22 also states the Purple Heart was awarded for an injury or wound sustained as a result of hostile action. The evidence of record also shows he had "excellent" conduct and efficiency ratings during his service in the Army, he attained the rank and pay grade of sergeant/E-5, served in Vietnam, and was wounded in action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple...
ARMY | BCMR | CY2013 | 20130011482
Application for correction of military records (with supporting documents provided, if any). His available personnel record does not contain orders for the Purple Heart, nor does it contain any documentation indicating he was treated for wounds or injuries he sustained during his service in the Republic of Vietnam. The applicant contends he should be awarded the Purple Heart; however, neither his available record, nor the Vietnam casualty roster, nor ADCARS provide any evidence that shows...
ARMY | BCMR | CY2008 | 20080002048
The applicant requests, in effect, award of the Purple Heart due to wounds received in Vietnam on 26 August 1968 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect this award. The evidence shows that the applicant served in Vietnam from 29 May 1968 to 28 May 1969 and met the criteria for award of the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2006 | 20060010420C071113
The Purple Heart was not included in the list of authorized awards contained on the applicant’s DD Form 214. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in action on 15 March 1967 in the Republic of...
ARMY | BCMR | CY2010 | 20100026430
No combat injuries or wounds are recorded on his medical records; however, an entry "scar to left leg" was entered on his Standard Form 88 (Report of Medical Examination). In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 is not available for review, his service record is void of any orders that show he was awarded the Purple Heart, his record is void of any official Army telegrams or Western Union telegrams, and there is no conclusive evidence...
ARMY | BCMR | CY2010 | 20100025322
Headquarters, 3d Field Hospital General Orders Number 154, dated 3 June 1969, show he received the Purple Heart for wounds received in action on 2 June 1969 in Vietnam. Although he contends he was awarded the Purple Heart for wounds (left eye/head and back) received in action on 3 June 1969 when his vehicle went over a landmine and the entry in item 40 of his DA Form 20 also shows he was wounded on 3 June 1969, orders show he received the Purple Heart for wounds received in action on 2 June...
ARMY | BCMR | CY2010 | 20100018584
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart he received. Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) shows the National Defense Service Medal, Army Aviation Badge, Army Good Conduct Medal, and the Republic of Vietnam Campaign Medal with Device (1960). As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110023899
This document shows the applicant's unit, 2nd Battalion, 27th Infantry, at the time of his assignment was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by Department of the Army General Orders (DAGO) Number 48, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971 11. However, evidence shows he sustained a gunshot wound to the right chest on 12 May 1968 as a...