IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110015872
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 correction of his record to show he was awarded a second Purple Heart.
2. The applicant states that he was injured in the Republic of Vietnam (RVN) and due to his rotation back to the United States he did not receive the award.
3. The applicant provides no additional evidence.
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 14 August 1967. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. Item 31 (Foreign Service) of his DA Form 20 shows he was credited with service in Vietnam from 15 January 1968 through 27 October 1969. Item
40 (Wounds) shows he sustained a shrapnel wound to the left thigh on 18 July 1968.
4. The record contains General Orders Number 6872, issued by Headquarters, Americal Division, dated 4 September 1968, which awarded him the Purple Heart for wounds received in connection with military operations again a hostile force on 18 July 1968.
5. He was discharged on 24 April 1970 under conditions other than honorable after completing 1 year, 8 months, and 27 days of total active service. Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Purple Heart.
6. His record does not include orders awarding him a second Purple Heart.
7. His name appears on the Vietnam casualty roster for injuries sustained on
18 July 1968.
8. A review 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding a second Purple Heart.
9. On 22 May 1979, he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. In his application he stated that he received the Purple Heart for wounds he sustained in July 1968. He does not make reference to a second award of the Purple Heart or to having sustained additional combat injuries.
10. The ADRB upgraded his discharge to under honorable conditions (general) on 16 April 1980 and he was issued a new DD Form 214 which shows the award of one Purple Heart.
11. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while 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:
The available records do not show nor has the applicant provided evidence showing he received additional wounds as a result of hostile action that required treatment by medical personnel or that orders were published awarding him a second Purple Heart. In the absence of such evidence, there is no basis for correcting his record to show he was awarded a second Purple Heart.
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) AR20110015872
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ABCMR Record of Proceedings (cont) AR20110015872
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