IN THE CASE OF:	  

		BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100007061 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded two Purple Hearts.

2.  The applicant states the Purple Hearts were presented to him in 1968 during his service in Vietnam.  He contends that the first injury occurred on 19 March 1968.  He was treated in the field, immediately returned to duty, and presented the first Purple Heart.  The second injury occurred on 26 May 1968 while he was extracting enemy troops from a spider hole.  This wound consisted of a rifle shot flesh wound on his left facial cheek.

3.  The applicant makes note of communications which took place between the National Personnel Records Center (NPRC) and a staff member of the Army Review Boards Agency (ARBA).  He stated that the ARBA member relayed that a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) may have been issued due to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 being full.

4.  The applicant provides the following:

* a picture of his Purple Heart and awards rack
* a copy of his DD Form 214
* a copy of a Standard Form (SF) 600 (Chronological Record of Medical Care)
* a copy of a letter from NPRC, dated 31 August 2009
* A copy of a letter from the Department of Veterans Affairs (VA), dated
11 March 2009
* A copy of VA Health Care Enrollment Priority Groups Fact Sheet

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 enlisted in the Regular Army on 29 August 1966 for a period of 3 years.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 71H (Personnel Specialist).  A copy of Special Orders Number 26, Headquarters, 101st Airborne Division, dated 26 January 1968, awarded him a secondary MOS of 11B (Light Weapons Infantryman).

3.  A copy of these same orders shows the applicant was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion (Airborne), 502nd Infantry while serving in the Republic of Vietnam (RVN).  His DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service), shows he served in the RVN during the period 7 December 1967 through 6 December 1968.

4.  Item 24 of the applicant's DD Form 214 shows he was awarded the RVN Gallantry Cross with Palm Unit Citation, National Defense Service Medal, RVN Campaign Medal with Device (1960), Vietnam Service Medal, Combat Infantryman Badge, Bronze Star Medal, Army Commendation Medal, Army Commendation Medal with "V" Device, and the Parachutist Badge.

5.  The applicant's name does not appear on the Vietnam Casualty Roster.  Item 40 (Wounds) of the DA Form 20 is void of any entries.


6.  A review of the available medical documents shows that on 19 March 1968, the applicant was treated for a ruptured eardrum from an accidental detonation of a claymore mine by lighting.  These documents also show that on 26 May 1968, the applicant was treated for a laceration to the right hand.  There is no indication that the wounds were sustained as a result of hostile action.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) states 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.

9.  Paragraph 2-8h contains a list of injuries or wounds which clearly do not justify award of the Purple Heart.  This list includes accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show award of two Purple Hearts was carefully considered; however, it is not supported by the evidence.

2.  There is no evidence of record and the applicant has not provided any to show he was wounded as a result of hostile action, that he was treated by medical personnel, and that his treatment was made a matter of official record.

3.  Item 40 of his DA Form 20 is void of any entries.  Additionally, the SF 600 submitted by the applicant shows he was treated for an injury caused by accidental firing of a claymore mine by lighting and another injury by an unknown means.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


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)                                         AR20100007061



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ABCMR Record of Proceedings (cont)                                         AR20100007061



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