IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110013101
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, in effect, correction of his DD Form 214 (Armed Forces of the United States) to show award of the Purple Heart with First Oak Leaf Cluster (1st OLC).
2. The applicant states, in effect, he was awarded two Purple Hearts and they are not reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and two Purple Heart Certificates.
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 applicants records were not available for review by the Board; however, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 14 July 1966 and he successfully completed his training.
4. He was wounded in action in Vietnam on 1 March and 2 May 1967 while assigned to Company B, 2d Battalion, 39th Infantry Regiment.
5. A search of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command revealed a copy of General Orders Number 1420 issued by Headquarters, 9th Infantry Division, dated 27 May 1967, which awarded the applicant the Purple Heart for wounds received on 2 March 1967.
6. A review of the Vietnam Casualty Listing shows that he was reported as a casualty on 2 May 1967.
7. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.
8. Army Regulation 600-8-22 states an OLC is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and appear to have merit. Although there are only orders available for one award of the Purple Heart, there is also an entry on the Vietnam Casualty Listing which confirms entitlement to the second award of the Purple Heart.
2. Accordingly, he is entitled to have both awards of the Purple Heart added to his DD Form 214 at this time.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 adding the Purple Heart with 1st OLC to his DD Form 214.
2. The Board wants the applicant and all others to know that 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) AR20110013101
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013101
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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