IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100013791
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 two awards of the Purple Heart.
2. The applicant states that he was not awarded the 2nd award of the Purple Heart for his wounds on 13 July 1967. He goes on to state he was awarded the Purple Heart for his wounds on 15 February 1967 but he did not receive a Purple Heart for his wounds on 13 July 1967, even though he was treated for both wounds in the service.
3. The applicant provides a copy of page 4 of his DA Form 20 (Enlisted Qualification Record).
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 in Portland, OR on 24 May 1965 for a period of 3 years. He completed his basic training at Fort Leonard Wood, MO and his advanced individual training as a helicopter repairman at Fort Rucker, AL before being transferred to Fort Lewis, WA for assignment to Company B, 4th Aviation Battalion, 4th Infantry Division. On 23 July 1966, he was transferred to Vietnam with his unit. He was promoted to the rank/grade of specialist five (SP5)/E-5 on 29 January 1967.
3. On 17 May 1967, General Orders Number 919, issued by Headquarters,
4th Infantry Division awarded him the Purple Heart for wounds received in connection with military ground operations against a hostile force on 15 February 1967. His DA Form 20 indicates that he received shrapnel to the left forearm and head on that date.
4. His DA Form 20 also indicates that he received a bullet wound to the left leg on 13 July 1967. However, a review of his records and the Vietnam Casualty Listing fail to show that he was ever awarded the Purple Heart for that wound or that he was reported as a casualty. Additionally, a 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 awarding the applicant the Purple Heart for wounds received on 13 July 1967.
5. The applicant departed Vietnam on 24 August 1967 and he was transferred to Fort Carson, CO where he remained until he was honorably released from active duty (REFRAD) on 15 March 1968 to attend school. He had served 2 years,
9 months, and 20 days of total active service. He was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal with bronze service star, Air Medal with 9 oak leaf clusters, and the Purple Heart.
6. The applicants medical records are not available for review as they were loaned to the Department of Veterans Affairs (VA) in Portland, OR on 12 June 1968.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 a result of hostile action, that the wound must have required treatment by medical personnel, and that the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was wounded in action on 13 July 1967 is not in doubt, there is insufficient evidence to show that his wounds were treated by medical personnel and were made a matter of record.
2. While there is an entry on his DA Form 20 showing that he was wounded on 13 July 1967, there are no orders awarding him the Purple Heart (like his 15 February 1967 wound) and there is no evidence of medical treatment for such wounds.
3. Therefore, in the absence of such evidence, there appears to be no basis for awarding him a 2nd award of the Purple Heart at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100013791
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ABCMR Record of Proceedings (cont) AR20100013791
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