IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100022921
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 award of a second Purple Heart.
2. The applicant states:
* his DD Form 214 shows only one award of the Purple Heart
* he was involved in two incidents that warranted award of two Purple Hearts
* he did not receive his second award of the Purple Heart
3. The applicant provides:
* a self-authored memorandum, dated 24 August 2010
* page 4 of his DA Form 20 (Enlisted Qualification Record)
* General Orders Number 1628, dated 17 December 1968
* a Search Request, dated 10 May 1971
* a Search Report, dated 27 May 1971
* General Orders Number 124, dated 31 May 1968
* a Standard Form (SF) 89 (Report of Medical History), dated 18 September 1969
* an SF 513 (Clinical Record - Consultation Sheet), dated 29 June 1968
* an SF 600 (Chronological Record of Medical Care), dated between
11 December 1967 and 29 June 1968
*
a DA Form 2658 (Health Record - Abstract of Service), dated between
24 October 1967 and 20 March 1969
* internet pages from the Virtual Wall - Vietnam Veterans Memorial
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 17 October 1967. He completed training as a light weapons infantryman. He arrived in Vietnam on 27 March 1968.
3. General Orders Number 124, issued by Headquarters, 12th Evacuation Hospital (SMBL), dated 31 May 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 29 May 1968.
4. The applicant departed Vietnam en route to the United States on 28 March 1969. He was released from active duty (REFRAD) on 16 October 1969. The DD Form 214 he received shows one award of the Purple Heart.
5. His DA Form 20 shows he sustained multiple fragment wounds to his face, chest, and right arm on 30 May 1968.
6. A review of the applicant's official military records does not show he was wounded on two separate occasions while he was in Vietnam. His name is not shown on the Vietnam casualty listing.
7. The general orders submitted by the applicant show he was awarded the Army Commendation Medal with "V" Device and the Purple Heart. The SF 89 submitted by the applicant shows he was wounded in action on 30 May 1968.
The SF 513 and SF 600 he submits show that on 20 June 1968 he was seen and evaluated by medical personnel for multiple fragment wounds to his chest and arm, which were well healed. He was placed on light duty for 5 days with a recommendation to return to the medical facility for reevaluation.
8. The Virtual Wall - Vietnam Veterans Memorial documentation he submits does not pertain to him and his request for his second Purple Heart.
9. Army Regulation 600-8-22 (Military Awards) states that a Purple Heart is authorized for the first wound suffered under conditions indicated therein; but, for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting documentation has been carefully considered.
2. There is no evidence in the available record, nor has the applicant submitted sufficient evidence to show he is entitled to a second Purple Heart.
3. Although his name is not shown on the Vietnam casualty listing, he was awarded the Purple Heart by General Orders Number 124, for wounds he received in action on 29 May 1968. It is reasonable to presume that his
DA Form 20 and his SF 89 were annotated with the incorrect date. There is insufficient evidence in his available official personnel or medical records and he did not provide any evidence that shows he was wounded as a result of hostile action that warranted award of a second Purple Heart.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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 our Nation. 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) AR20090005994
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100022921
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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