IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100013292
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 a second award of the Purple Heart (correctly known as the Purple Heart with 1st Oak Leaf Cluster).
2. The applicant states he was wounded the first time in August 1969 when shrapnel hit him in the left thigh and on 17 October 1969 when he was hit in the head by shrapnel. He received one Purple Heart; he would like to be awarded the second Purple Heart and a document that shows his records have been corrected to show the award. He adds that the second award fell through the cracks; he just wanted to get home after his time in combat.
3. The applicant provides a DD Form 214 and a Veterans Administration Rating Decision, dated 23 September 1982 in support of this 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 was inducted into the Army of the United States on 19 February 1969. He completed the training requirements and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. Item 31 of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 20 July 1969 to 16 July 1970. Item 40 (Wounds) shows he received a fragment wound to the head on 13 October 1969. Item 41 (Awards and Decorations) shows one award of the Purple Heart.
4. His Official Military Personnel File (OMPF) contains orders for the first award of the Purple Heart. It does not contain orders or any other documentation showing he was awarded a second Purple Heart or that he was wounded as a result of hostile action on two occasions while in the RVN.
5. The applicant's DD Form 214 shows he was released from active duty on 18 February 1971 and transferred to the United States Army Reserve Control Group. St. Louis, MO.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded one Purple Heart.
7. Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart or the Purple Heart with 1st Oak Leaf Cluster.
8. The applicant's name is not listed on the RVN casualty list.
9. In support of this application, he provided a Veterans Administration Rating Decision that indicates his records confirm a history of a wound to the head and that "other records" confirm a wound in August 1969. A review of the applicant's records failed to reveal the "other records" mentioned in the Veterans Administration Rating Decision.
10. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show a second award of the Purple Heart has been carefully reviewed.
2. The applicant's OMPF does not contain orders or any other documentation showing he was awarded a second Purple Heart or that he was wounded as a result of hostile action on two occasions while in the RVN.
3. The applicant's Veterans Administration Rating Decision alone, without the "other records" mentioned in the Rating Decision, is insufficient evidence on which to base award of a second Purple Heart. Therefore, 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) AR20100013292
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ABCMR Record of Proceedings (cont) AR20100013292
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