IN THE CASE OF:
BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120002739
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 (correctly known as the Purple Heart with First Oak Leaf Cluster).
2. The applicant states:
* He was wounded in action on 6 August 1970
* He received additional wounds from a second action on the same day
* He was wounded multiple times from different actions on 6 August 1970
3. The applicant provides:
* Daily unit log
* 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 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 enlisted in the Regular Army on 15 April 1969 for a period of
2 years. He served as a light weapons infantryman in Vietnam from 21 March 1970 to 24 August 1970. On 9 March 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. His DD Form 214 shows, among other awards, the Purple Heart.
4. Orders, dated 7 August 1970, show he was awarded the Purple Heart for wounds received in action on 6 August 1970 in Vietnam.
5. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was injured (fragment wounds to stomach and left shoulder) on 6 August 1970.
6. There are no orders in the available records which show he received a second award of the Purple Heart.
7. He provided a daily unit log which shows he received fragment wounds to his stomach and shoulders.
8. Army Regulation 600-8-22 (Military Awards) states 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 medical personnel, and the medical treatment must have been made a matter of official record. The regulation also states a bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart. 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. Orders show the applicant received the Purple Heart for wounds received in action on 6 August 1970 and his DD Form 214 shows one award of the Purple Heart.
2. He contends he received additional wounds from a second action on 6 August 1970. However, there is no evidence he was wounded on two separate occasions on 6 August 1970. The daily unit log he provided shows he received fragment wounds to his stomach and shoulders, it does not show he was wounded on two separate occasions on 6 August 1970. Therefore, there is insufficient evidence on which to base a second award of the 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) AR20120002739
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ABCMR Record of Proceedings (cont) AR20120002739
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