IN THE CASE OF:	  

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120002436 


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.  his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) only shows the gunshot wound he received while serving in Vietnam on 8 September 1966;

	b.  on a separate and earlier occasion, he was awarded the PH for being wounded by a punji stick in his right hip/buttock; and

	c.  his record should be corrected to show two separate injuries which qualifies him for two PH awards.

3.  The applicant provides:

* Self-authored statement
* National Personnel Records Center (NPRC) letter
* PH Order
* Document titled "Corporate Award and Rating Data"
* DD Form 214




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 enlisted in the Regular Army on 
22 July 1964.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 21 June 1966 through 20 June 1967.  Item 40 (Wounds) shows he sustained a gunshot wound in the small of his back on 
8 September 1966.

4.  On 3 June 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve, having completed 2 years, 10 months, and 13 days of creditable active duty service.  The DD Form 214 issued to him shows he earned the following list of awards:

* Purple Heart
* Army Commendation Medal (ARCOM) with "V" Device
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* RVN Campaign Medal
* Parachutist Badge

5.  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.

6.  His military record contains the following orders which show his weapons qualifications as indicated:

* Headquarters, 3rd Training Regiment, United States Army Training Center (USATC), Fort Dix New Jersey, Special Orders (SO) Number (#) 177 dated 8 September 1964 - "Sharpshooter" with the M-14 Rifle
* Headquarters, 1st Training Regiment, USATC, Infantry, Fort Dix, New Jersey, SO #265 dated 3 December 1964 - "Expert" with the 
106 millimeter (mm) rifle

7.  The applicant's military record also includes the following Headquarters, 1st Brigade, 101st Airborne Division orders which announced his awards as indicated:

* General Orders (GO) #870 dated 24 September 1966 - ARCOM
* GO #128 dated 21 January 1967 - ARCOM with "V" Device
* GO #1057 dated 13 June 1967 - Bronze Star Medal (BSM)

8.  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 8 September 1966.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show that in addition to his gunshot wound received on 8 September 1966, his initial wounding by a punji stick, date unknown.  There is insufficient evidence to support this claim.

2.  Item 40 of his DA Form 20 contains a single entry showing gunshot wound to the small of his back.   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.

4.  The evidence of record includes official orders that announce awards and badges not currently listed on the applicant's DD Form 214.  This administrative error does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

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 determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by:

   a.  amending his DD Form 214 by showing his entitlement to the following:
   
* Bronze Star Medal
* Army Commendation Medal with Oak Leaf Cluster and "V" Device





* Expert Marksmanship Qualification Badge with 106mm Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

   b.  issuing him a document that reflects this correction.



      __________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)                                         AR20120002436





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ABCMR Record of Proceedings (cont)                                         AR20120002436



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