BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130020590
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 the Purple Heart (PH) (2nd Award).
2. The applicant states he was awarded a second Purple Heart and never received it.
3. The applicant provides his DD Form 214 and Headquarters, 24th Evacuation Hospital General Orders Number 237.
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 20 February 1968, he was inducted into the Army of the United States. He was awarded military occupational specialty 11D (Armor Intelligence Specialist). The highest rank/grade he held was specialist four (SP4)/E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he was credited with service in Vietnam beginning on 24 July 1968
* item 40 (Wounds) fragment wound, left hand on 15 November 1968
* item 41 (Awards and Decorations) General Orders Number 237 awarded him the PH for an injury sustained on 15 November 1968
4. Headquarters, 24th Evacuation Hospital General Orders Number 237, dated 16 November 1968, awarded him the Purple Heart with first oak leaf cluster for an injury he received as a result of hostile action on 15 November 1968.
5. He was honorably released from active duty on 19 February 1970 after completing 2 years of creditable active service. His DD Form 214 shows he was awarded one Purple Heart.
6. His records are void of documentation indicating he was wounded as a result of hostile action on more than one occasion or orders showing he was awarded the first award of the Purple Heart.
7. His name appears on the Vietnam casualty list. It shows he was injured on one occasion as a result of hostile action on 14 November 1968.
8. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. His service medical records are not available to the Board for review.
10. 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:
General orders awarded the applicant the Purple Heart with first oak leaf cluster for an injury he received to his left hand on 15 November 1968 as a result of hostile action. This would indicate he had previously been awarded the PH. However, the available records do not contain orders showing he was awarded the first award of the Purple Heart and there is no evidence of record showing he was injured on another occasion in action against an enemy or as a result of hostile action. In the absence of such evidence, regrettably, there is an insufficient basis for correcting his DD Form 214 to show 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) AR20130020590
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