IN THE CASE OF:
BOARD DATE: 12 January 2010
DOCKET NUMBER: AR20090013341
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 DD Form 214 (Report of Separation from Active Duty) to show two awards of the Purple Heart.
2. The applicant states that he has provided the original copy of the orders for the second award of the Purple Heart.
3. The applicant provides General Orders Number 80, dated 4 March 1968, 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 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 enlisted in the Regular Army on 26 April 1967 for a period of 2 years. He completed infantry training and he served in Vietnam from November 1967 through May 1969. His highest grade attained was private first class, E-3.
3. Headquarters, 71st Evacuation Hospital published orders on 4 March 1968 which show the applicant was awarded the Purple Heart (Second Award) for wounds received in action on 3 March 1968.
4. His name is listed once on the Vietnam casualty roster for wounds received in action on 3 March 1968.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained a fragment wound to his right buttock on 3 March 1968.
6. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded one award of the Purple Heart by General Orders Number 80, dated 4 March 1968.
7. The applicant was discharged on 2 June 1969. His DD Form 214 shows one award of the Purple Heart.
8. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.
9. Army Regulation 600-8-22 (Military Awards) states that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided an original copy of General Orders Number 80, dated 4 March 1968, published by the 71st Evacuation Hospital, which show he was awarded the Purple Heart (Second Award) for wounds sustained on 3 March 1968.
2. Although the evacuation hospital published orders for the second award of the Purple Heart, the applicants DA Form 20 and the Vietnam casualty roster indicate the applicant was wounded only once, on 3 March 1968 in Vietnam.
3. Therefore based on the preponderance of the evidence, the applicant is entitled to only one award of the Purple Heart and this award is properly recorded on his DD Form 214.
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) AR20090013341
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ABCMR Record of Proceedings (cont) AR20090013341
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