BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130007173
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 award of a third Purple Heart.
2. He states he was wounded three times and only received two Purple Hearts.
3. He provides his DD Form 214 and a Standard Form 509 (Doctor's Progress Notes).
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. On 10 November 1966, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he was credited with service in Vietnam from 21 April 1967 through 20 April 1968
* item 40 (Wounds) he was wounded in action on 9 September 1967 and 9 January 1968
* item 41 (Awards and Decorations) he was awarded the Purple Heart and Purple Heart with First Oak Leaf Cluster
4. On 8 November 1968, he was honorably released from active duty. His DD Form 214 shows he was awarded the Purple Heart with First Oak Leaf Cluster (indicating two awards).
5. His Army Military Human Resource Record (formerly known as the Official Military Personnel File) does not contain any documentation indicating he was wounded in action three times or that he was awarded a third Purple Heart.
6. A review of the Adjutant General's Office Casualty Division's Vietnam Casualty Listing shows the applicant was wounded in action on 2 September 1967 and 9 January 1968. The listing does not show he was wounded a third time.
7. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for a third Purple Heart pertaining to the applicant.
8. He provides a Standard Form 509 showing he received medical treatment for a fragmentary wound to his left forearm during the period 18 to 24 March 1968. This document does not indicate the wound was caused by hostile action.
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. Award of the Purple Heart is announced in orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a Standard Form 509 indicating he was wounded a third time during his service in Vietnam, that he received medical treatment for his wound, and that the treatment was made a matter of official record.
2. Unfortunately, the document he provides does not show the fragment wound he received in March 1968 was caused by hostile action. The criteria for award of the Purple Heart require substantiating evidence to verify the wound was the result of hostile action. In this case, there is no such substantiating evidence.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20130007173
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ABCMR Record of Proceedings (cont) AR20130007173
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