IN THE CASE OF: .
BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130012015
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 his second Purple Heart (PH).
2. The applicant states his second PH was not listed on his DD Form 214.
3. The applicant provides:
* DD Form 214
* Department of Veterans Affairs (VA) PH Identification (ID) Card
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's military record shows he was inducted into the Army of the United States on 19 May 1970. He was trained in and awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 20 October 1970 to 19 November 1971. Item 40 (Wounds) shows he sustained abrasions to his right foot on 8 July 1971 and the PH is listed in item 41 (Awards and Decorations).
4. The applicant's Army Military Human Resource Record (AMHRR) (previously known as the official military personnel file) includes the official order which announced the PH for his wound received on 8 July 1971. It does not include any other documents or orders to show he was twice wounded as a result of enemy action and received medical treatment for that wounding or awarded a second PH by proper authority.
5. On 23 November 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve, having completed 1 year, 6 months, and 5 days of creditable active duty service. The DD Form 214 issued to him shows he earned the following awards:
* Purple Heart
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars
6. 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 July 1971.
7. 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 he is entitled to a second PH. There is insufficient evidence to support this claim.
2. Item 40 of his DA Form 20 contains a single entry showing he sustained an abrasion wound to his right foot on 8 July 1971. His name is included only once on the Vietnam Casualty Roster, the official DA list of RVN battle casualties. Absent evidence to corroborate 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 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.
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) AR20130012015
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130012015
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100021235
Application for correction of military records (with supporting documents provided, if any). The PH is not included among the list of awards shown in Item 9 (Awards, Decorations, and Campaigns). _________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.
ARMY | DRB | CY2005 | 20050011071
The applicant states, in effect, that he received a fragment wound while serving in the Republic of Vietnam (RVN) that entitles him to the PH, and that he should have been awarded the CIB based on his combat experience. The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the RVN from 30 April 1970 through 14 June 1970. Absent any evidence (PH awards orders, eye-witness statements, medical treatment documents confirming his foot wound was combat related etc),...
ARMY | BCMR | CY2009 | 20090009760
Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 11 August to 30 October 1971. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.
ARMY | BCMR | CY2008 | 20080001949
The applicant provides the following documents in support of his application: Enlistment Record (DD Form 4); Enlisted Qualification Record (DA Form 20); promotion and award orders; Report of Medical Examination (SF 88), dated 20 September 1965; Report of Medical History (SF 89), dated 20 September 1965; Military Medical Record treatment records; and separation document (DD Form 214). Absent any evidence of record confirming the applicant was wounded in action or treated for a combat-related...
ARMY | BCMR | CY2009 | 20090015332
Application for correction of military records (with supporting documents provided, if any). The evidence of record confirms the applicant received a punji-stick wound while serving in the RVN on 7 July 1970 as evidence by an entry in item 40 of his DA Form 20, an entry on his separation physical examination, and an entry on the Vietnam casualty roster which is the official DA list of RVN battle casualties. Therefore, it would be appropriate to award the applicant the PH and to add it to...
ARMY | BCMR | CY2007 | 20070007284C080407
Item 40 (Wounds) of the applicant's DA Form 20 is blank and the PH is not included in the list of awards contained in Item 41 (Awards and Decorations). However, by regulation, in order to support award of the PH, there must be evidence confirming the wound for which the award is being made was received as a result of or was caused by enemy action, that the would required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official...
ARMY | BCMR | CY2007 | 20070017560C080407
Item 40 (Wounds) is blank, and the PH is not included in the list of awards contained in Item 41 (Awards and Decorations). Absent any evidence of record to corroborate that the applicant's claim that he was wounded in action in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise...
ARMY | BCMR | CY2011 | 20110007813
Application for correction of military records (with supporting documents provided, if any). 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. _______ _ 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.
ARMY | BCMR | CY2011 | 20110008360
Application for correction of military records (with supporting documents provided, if any). The applicants Military Personnel Records Jacket (MPRJ) is void of any documents or records showing the applicant was ever recommended for or awarded the PH or a valor award by proper authority while serving in the RVN. It states the PH is awarded to members wounded in action.
ARMY | BCMR | CY2005 | 20050017120C070206
The applicant states, in effect, that he requests to be awarded the PH for wounds he received during the heat of battle. There are no documents on file in the applicant's record that show he was ever recommended for, or awarded the PH by proper authority while he was serving on active duty. The evidence of record contains no documentary evidence that confirms the applicant was wounded as a direct result of enemy action, or that he was ever recommended, or awarded the PH by proper authority...