IN THE CASE OF:	

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100012180 


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 a third Purple Heart and to list the injuries he sustained during his tour in the Republic of Vietnam.  In addition, he requests the associated Purple Heart medals.

2.  The applicant states he was issued a DD Form 215 (Correction to DD Form 214) which added two Purple Hearts; however, he contends he is entitled to one additional Purple Heart.  He states that, in effect, his injuries are not properly recorded in his records and his medical records were lost/misplaced.  He contends that on 15 October 1967 he sustained injuries to his back, legs, and lower extremities when the helicopter he was in got shot down.  His squad could not get out due to severe hostile fire.  On 18 October 1967 while being evacuated, they were in a firefight and this is when he got shot on his right flank.

3.  The applicant provides the following:

* DD Form 215, dated 10 March 2007
* DA Form 20 (Enlisted Qualification Record)
* Department of Veterans Affairs (VA) Montana Health Care System Medical Record, dated 27 May 2009
* VA letter, dated 18 December 2006



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 was inducted into the Army of the United States on 17 November 1966.  He served as an 11B (Light Weapons Infantryman) in the Republic of Vietnam from 1 May 1967 to 9 December 1967.

3.  His name appears on the Vietnam casualty roster for two separate dates of action, 15 June 1967 and 18 October 1967 respectively.  General orders awarded him a Purple Heart for each date.

4.  He was honorably released from active duty on 15 November 1968 and transferred to the U.S. Army Reserve.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Republic of Vietnam Campaign Medal, Vietnam Service Medal, and Letter of Congratulations.

5.  On 10 March 2007, he was issued a DD Form 215 which deleted the Vietnam Service Medal and added the following to item 24 of his DD Form 214 effective 15 November 1968:

* Purple Heart with one oak leaf cluster
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars

6.  The record is void of any other official orders or medical documentation relating to an award of a third Purple Heart.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal he was awarded a third Purple Heart.

8.  As evidence to support his application, he provided medical progress notes from the VA Montana Health Care System, dated 27 May 2009.  The physician stated, "His [the applicant] back was originally injured in a Vietnam helicopter crash."  He also provides a VA letter indicating he was the recipient of the Purple Heart and had been enrolled in the VA Montana Healthcare System.  Further, he provides page 4 of his DA Form 20 which shows he was wounded on 15 June 1967 with a fragment to his right hip and on 18 October 1967 with a fragment to his right flank and back in item 40 (Wounds).

9.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services, was wounded, killed, or who died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show he was awarded a third Purple Heart and to list the injuries he sustained during his tour in the Republic of Vietnam.  In addition, he requests the associated Purple Heart medals.

2.  His medical records were not available for review; however, his name appears on the Vietnam casualty roster on two separate dates and he was awarded the Purple Heart for both incidents.  However, there is no additional evidence to support his contention he is entitled to a third award for injuries he sustained in a helicopter crash.  The medical notes he provided as evidence appear to have been taken from history that was self-reported by the applicant rather than information contained in his medical records.  There is insufficient evidence to grant him a third Purple Heart in this case.

3.  In regard to entering his injuries on his DD Form 214, this form is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  There was no regulatory requirement in effect at the time of his separation to enter the date of a wound, injury, or illness on the DD Form 214.

4.  The ABCMR corrects records, it does not issue medals or badges.  For Army personnel, the National Personnel Records Center will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  Written requests with appropriate supporting evidence may be addressed to the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO  63132-5100.  Once verified, the replacement medals and devices are shipped to the veteran by the U.S. Army Tank Automotive and Armaments Command, Clothing and Heraldry (PSID), P.O. Box 57997, Philadelphia, PA  19111.

5.  In view of the foregoing, his request should be denied.

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)                                         AR20100012180



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ABCMR Record of Proceedings (cont)                                         AR20100012180



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