IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005793
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 to be issued a Purple Heart Certificate for his first award of the Purple Heart.
2. The applicant states he received a Purple Heart Certificate for his second award of the Purple Heart, but he did not receive a certificate for his first award.
3. The applicant provides copies of his Purple Heart Certificate for the Purple Heart with 1st Oak Leaf Cluster and his Bronze Star Medal Certificate for the Bronze Star Medal with "V" Device.
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 enlisted in the Regular Army on 21 September 1966 for a period of 3 years. He completed basic, advanced, and airborne training and was assigned to Fort Bragg, North Carolina, on 7 April 1967.
3. On 27 September 1967, he was transferred to Fort Campbell, Kentucky, for assignment to Company C, 1st Battalion, 502d Infantry Regiment, for duty as a rifleman. He was promoted to the rank of sergeant on 30 November 1967.
4. On 13 December 1967, he was transferred to Vietnam with his unit for duty as a rifle team leader.
5. The applicant was awarded the Combat Infantryman Badge (CIB) on 3 February 1968. On 6 February 1968, he was awarded the Bronze Star Medal with "V" Device.
6. On 27 April 1968, the applicant sustained fragmentation wounds to his left shoulder. His name is contained on the Vietnam casualty listing for that date; however, there are no orders in his records awarding him the Purple Heart for those wounds.
7. On 17 July 1968, he sustained shrapnel wounds to his left knee and nose. His name is contained on the Vietnam casualty listing for that date and his records contain a copy of General Orders Number 4847, dated 18 August 1968, issued by Headquarters, 101st Air Cavalry Division, awarding him the Purple Heart for wounds received in action on 17 July 1968. However, his corresponding Purple Heart Certificate reflects award of the Purple Heart with 1st Oak Leaf Cluster.
8. He departed Vietnam on 12 December 1968 and was transferred to Fort Bragg, North Carolina, where he remained until he was honorably released from active duty on 22 September 1969 due to the expiration of his term of service. He completed 3 years of total active service.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. Although the records do not contain and the applicant has not provided orders awarding him the first Purple Heart, the evidence of record which is supported by his name on the Vietnam casualty listing shows he was wounded in action on 27 April 1968.
2. He was also wounded in action on 17 July 1968 and his name is again on the Vietnam casualty listing for this wound. He was awarded the Purple Heart for this wound and presented with a Purple Heart Certificate showing he was awarded the Purple Heart with 1st Oak Leaf Cluster. Therefore, it is reasonable to presume he was awarded two Purple Hearts and the orders for the first award simply did not make it to his records.
3. Accordingly, it would be appropriate to issue him a Purple Heart Certificate for wounds received in action in the Republic of Vietnam on 27 April 1968 while serving in the rank of sergeant.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant a Purple Heart Certificate for wounds received in action in the Republic of Vietnam on 27 April 1968 while serving in the rank of sergeant.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. 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) AR20110005793
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ABCMR Record of Proceedings (cont) AR20110005793
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