BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110007813
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 a second award of the Purple Heart (PH).
2. The applicant states:
a. he was first wounded in his chest when 57 millimeter recoils hit the rear of an Armored Personnel Carrier (APC);
b. in an approximate two to three hour interval, he sustained chest, head, and ear wounds in action when mortars exploded on the Binh Son Bridge on 3 December 1967; and
c. he was awarded the one PH for wounds sustained on 3 December 1967 and now seeks a second PH for his subsequent wounds.
3. The applicant provides no additional documents.
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's military record shows he was inducted into the Army of the United States and entered active duty on 27 September 1966. He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and later awarded MOS 11D (Armor Intelligence Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 4 October 1967 through 20 September 1968. Item 40 (Wounds) shows he sustained fragment wounds to his face, chest, and abdomen.
4. On 23 September 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve, having completed 1 year, 11 months, and 18 days of creditable active duty service. The DD Form issued to him shows he earned the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar
* Overseas Service Bar
5. The applicant's record includes a DD Form 215 (Correction to the
DD Form 214) dated 24 August 1984. It added the PH to his DD Form 214.
6. The applicant's record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN or at any other time during his active duty service. Further, there are no orders or documents indicating that he was ever recommended for or awarded a second PH by proper authority.
7. During the processing of this case, a member of the Board staff reviewed the Vietnam casualty roster. There is a single entry on this list of RVN casualties pertaining to the applicant which shows he was wounded on 3 December 1967.
8. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record. 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 contends he should be awarded a second PH for subsequent wounds he sustained in action on 3 December 1967. There is insufficient evidence to support this claim.
2. Item 40 of his DA Form 20 contains a single entry showing he sustained fragment wounds to his chest, head, and ears. His name is included only once on the Vietnam Casualty Roster, the official DA list of RVN battle casualties. Absent evidence to corroborate that he was wounded twice as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in the RVN the evidence is insufficient and the regulatory burden of proof necessary to support award of a second PH has not been satisfied in this case.
3. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110007813
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