IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20130003337
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 award of a third Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge from Active Duty) to show this award.
2. The applicant states he should have been awarded a third Purple Heart.
3. The applicant provides a copy of his DD Form 214 and a Certification of Treatment, dated 31 December 1969.
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 records show he was inducted into the Army of the United States on 5 March 1969 and held military occupational specialty 11B (Light Weapons Infantryman). The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.
3. He served in Vietnam from on or about 14 August 1969 to on or about 7 October 1970. He was assigned to Company D, 4th Battalion, 31st Infantry, 196th Infantry Brigade.
4. His records show he was awarded two Purple Hearts for wounds received in action on 18 August and 18 September 1969. There is no evidence in the available records to show he sustained additional wounds or injuries as a result of enemy action.
5. The Certification of Treatment provided by the applicant, dated 31 December 1969, indicates he was treated for three small fragmentation grenade abrasions on his right arm and a blast injury to his right ear. The physician indicated that an official entry was made in the applicant's heath record.
6. A review of the available heath records shows an entry by the same physician who signed the certification of treatment, dated 31 December 1969, which indicates the applicant had several small fragmentation grenade abrasions on his right arm on 18 August 1969 at the same time as the blast injury to his right ear drum. He indicated that he was the first doctor to see the patient after the injury and it was 3 weeks later. He further indicated that the applicant deserved an award of the Purple Heart and paperwork was initiated.
7. On 7 October 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation. He completed 1 year, 7 months, and 3 days of total active service.
8. His DD Form 214 and two DD Forms 215 (Correction to DD Form 214) show he was awarded or authorized the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* Presidential Unit Citation
* Purple Heart (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Badge with Machine Gun Bar (M-60)
9. 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 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:
1. While the sincerity of the applicant's claim that he was injured as a result of enemy action in Vietnam and is entitled to a third award of the Purple Heart is not in doubt, he has failed to sufficiently show through the evidence of record and the evidence submitted with his application that such was the case.
2. The document submitted by the applicant relates to his first award of the Purple Heart for wounds received on 18 August 1969 and is further confirmed in his health record.
3. In the absence of sufficient evidence to show he sustained a third wound/injury as a result of enemy action and that treatment was made a matter of record, there appears to be no basis to award him a third 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 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) AR20130003337
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ABCMR Record of Proceedings (cont) AR20130003337
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