IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100008497 


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 a second Purple Heart (Purple Heart with Oak Leaf Cluster). 

2.  He states he was awarded the Purple Heart for action on 7 May 1968 as stated in General Orders Number 19, dated 9 May 1968.  He was wounded with shrapnel in his left arm on 14 November 1968 while serving in the Mekong Delta area.  He thinks the personnel records section believed the orders were for both actions.

3.  He provides copies of the following documents:

* Two Standard Forms (SF) 600 (Chronological Record of Medical Care)
* General Orders Number 19
* His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 November 1983

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 military records show he reenlisted in the Regular Army (RA) in pay grade E-1 on 9 June 1964, for 6 years.  

3.  He served in Vietnam from 14 February 1968 through 5 February 1969 as a supply sergeant and as an infantry squad leader.

4.  General Orders Number 19, issued by Headquarters, 22nd Surgical Hospital on 9 May 1968, show he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 8 May 1968.

5.  An SF 600 contains the following entry, “15 May 1968 patient has bilateral perforated ear drums - was at Da Nang (Vietnam).”  A second SF 600 contains the following entry, “18 November 1968 patient received fragment wound, left arm, four days ago.”  The form does not specify the cause of the fragment wound.   

6.  His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) shows “Shrapnel Wound – Left Arm on 8 May 1968.”  Item 41 (Awards and Decorations) does not show award of a second Purple Heart.  There is no evidence in his records showing he was wounded or injured on 14 November 1968.  There are no orders in his military personnel records awarding him a second Purple Heart.

7.  He was honorably released from active duty for the purpose of immediate reenlistment on 10 March 1974.  He was issued a DD Form 214 which lists in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the following awards:  the National Defense Service Medal, the Parachutist Badge, the Purple Heart, the Bronze Star Medal, the Army Commendation Medal, the Army of Occupation Medal, the Valorous Unit Award, two Overseas Bars, the Good Conduct Medal (1st & 2nd Award), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 60, and the Combat Infantryman Badge.  

8.  He reenlisted in the RA on 11 March 1974 and served continuously on active duty until his retirement on 30 November 1983.  He was issued a DD Form 214 which does not list in Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) a second award of the Purple Heart.
9.  His medical records are not available for review with this case.  His name is not shown on the Vietnam Casualty Roster.  

10.  Army Regulation 600-8-22 (Military Awards) specifies 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.  A Purple Heart is authorized for the first wound suffered under the above conditions, but for each subsequent award an Oak Leaf Cluster will be awarded.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to award of a second Purple Heart was carefully considered.  However, by regulation, in order to support award of a second Purple Heart, there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  The SF 600 does not confirm he was wounded or injured as a result of hostile action a second time during his period of service in Vietnam.  The evidence of record contains no orders or other documents confirming he was wounded or injured a second time as a result of his participation in direct or indirect combat operations while serving in Vietnam.  His name does not appear on the Vietnam Casualty Roster.  There were no entries made on his service personnel records to show he was wounded or injured a second time as a result of hostile action.

3.  Absent corroborating evidence confirming his contention, the regulatory burden of proof necessary to support award of a second Purple Heart has not been satisfied in this case.

4.  In view of the foregoing, there is no basis for granting the 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)                                         AR20100008497



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ABCMR Record of Proceedings (cont)                                         AR20100008497


   
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