BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120006850
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show 4 awards of the Purple Heart, instead of the 2 that are presently shown.
2. The applicant states he was wounded on 4 occasions. He received shrapnel in his back. His left knee was wounded during a firefight and he lost a tooth during the firefight. He also had a severe loss of hearing due to a firefight. He further states he requested his medical treatment and service treatment records, but to date he has not received them.
3. The applicant provides his DD Form 214 and Standard Form 180 (Request Pertaining to Military Records), dated 6 October 2009.
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. On 9 May 1968, the applicant was inducted into the Army of the United States. He completed training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist). The highest rank/grade he attained during this period of military service was specialist four (SP4)/E-4.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 4 October 1968 to 3 October 1969. During this period of service he was assigned to Troop C, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division.
4. General Orders Number 8965, issued by Headquarters, 25th Infantry Division, dated 20 December 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 17 December 1968.
5. General Orders Number 537, issued by Headquarters, 25th Infantry Division, dated 16 January 1969, awarded him the Purple Heart (1st Oak Leaf Cluster) for wounds received in connection with military operations against a hostile force on 13 January 1969.
6. Item 40 (Wounds) of his DA Form 20 shows he was twice wounded, on
17 December 1968 and again on 13 January 1969.
7. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Purple Heart twice.
8. On 8 May 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows he was credited with completing 2 years of total active service, including 11 months and 29 days of foreign service in the U.S. Army Pacific (USARPAC) theater of operations. His DD Form 214 further shows he was awarded the Purple Heart twice.
9. His name appears twice on the Vietnam casualty roster, indicating he was wounded twice in action by hostile forces on 17 December 1968 and 13 January 1969.
10. His available record contains no documentation that indicates he was wounded in action on any date not previously noted, nor does it indicate he received a 3rd or 4th award of the Purple Heart.
11. He provides a Standard Form 180, sent to the National Archives and Records Administration, in which he requested a complete copy of his medical treatment and service treatment records.
12. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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 applicant contends his DD Form 214 should be corrected to show a 3rd and 4th award of the Purple Heart. The evidence of record shows he was awarded the Purple Heart for wounds received in action by a hostile force on
17 December 1968 and 13 January 1969. The evidence of record does not support his contention he was wounded a 3rd or 4th time and he has submitted no documentary evidence to support his contention. Barring evidence to the contrary, there is an insufficient basis to grant relief in this case.
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) AR20100015543
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ABCMR Record of Proceedings (cont) AR20120006850
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