IN THE CASE OF:
BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100019708
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 his DD Form 214 be corrected to show he was awarded three Purple Hearts.
2. The applicant states he was awarded the Purple Heart three times but he has only one citation.
3. The applicant provides a copy of his Purple Heart citation, dated 10 March 1969.
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. On 26 June 1968, the applicant was inducted into the Army of the United States. He completed his initial training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. He served in the Republic of Vietnam from 6 December 1968 to 1 December 1969 and he was assigned to Company C, 2d Battalion, 12th Infantry,
25th Infantry Division.
4. General Orders Number 3003, issued by Headquarters, 25th Infantry Division, dated 10 March 1969, awarded him the Purple Heart for wounds he received in connection with military operations against a hostile force on 7 March 1969.
5. On 25 June 1970, he was released from active duty. He attained the rank of sergeant, pay grade E-5, and completed 2 years of creditable active duty service.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Air Medal, Bronze Star Medal, Vietnam Campaign Medal with 1960 Device, Army Commendation Medal, Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge (Rifle).
7. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains the entry "Burns: (L) Palm, 7 Mar 69." His name is listed on the Vietnam Casualty Roster and shows the date of casualty as 7 March 1969.
8. 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 additional orders awarding the applicant the Purple Heart.
9. The applicant provides a copy of his Purple Heart certificate, dated 10 March 1969, awarded to him for wounds received in action on 7 March 1969.
10. On 25 April 1985, he was issued a DD Form 215 (Correction to DD Form 214) to add the Purple Heart to item 24 of his DD Form 214, effective 25 June 1970.
11. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that 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 requests his DD Form 214 be corrected to show he was awarded three Purple Hearts.
2. The record shows he was awarded a Purple Heart for wounds he received in action on 7 March 1969. His name is listed on the Vietnam Casualty Roster and corroborates the date for which he was awarded the Purple Heart. There are no general orders showing he was awarded subsequent Purple Hearts nor are there medical records to support his contention. Therefore, there is insufficient evidence to correct his DD Form 214 to show he received three Purple Hearts.
3. 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) AR20100019708
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ABCMR Record of Proceedings (cont) AR20100019708
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