IN THE CASE OF
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20140000097
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 he was awarded the Purple Heart with three oak leaf clusters.
2. The applicant states that he earned four Purple Hearts.
3. The applicant provides copies of orders showing he was awarded two Purple Hearts.
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 was inducted into the U.S. Army on 4 October 1965. He held military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 15 July 1966 to 14 July 1967. Item 40 (Wounds) shows he sustained a fragment wound to his right leg on 6 March 1967 and a fragment wound to his left leg on 4 May 1967. Item 41 (Awards and Decorations) does not list the Purple Heart as an authorized award.
4. The applicant was honorably released from active duty on 14 July 1967 as a sergeant (SGT)/E-5. He had completed 1 year, 9 months, and 11 days of total active duty service. His DD Form 214 shows he was awarded the Purple Heart with one oak leaf cluster (indicating two awards).
5. The applicant's medical records are not available for review.
6. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows he was wounded in action on 6 March and 4 May 1967.
7. His record contains a:
a. DD Form 173 (Joint Message Form) showing a report pertaining to the applicant's evacuation from Vietnam. The message shows he was twice wounded and twice hospitalized. The wounds were received on 6 March 1967 and 4 May 1967. The message further reported that there was no record in the command of the applicant being considered for return to the United States for medical discharge.
b. Standard Form 88 (Report of Medical History), dated 14 July 1967, showing on the second page "Wounded twice in Vietnam."
8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. The applicant provided General Orders Number 8, issued by Headquarters, 36th Evacuation Hospital dated 7 March 1967 that awarded him the Purple Heart and General Orders Number 43 issued by the same headquarters, dated 11 May 1967 that awarded him the Purple Heart (1st oak leaf cluster) for being wounded in action on 4 May 1967.
10. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while 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. There is evidence of record that shows the applicant was twice wounded in Vietnam.
2. However, there is no available evidence showing he received any additional awards of the Purple Heart.
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 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) AR20140000097
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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The evidence of record shows that the applicant completed a qualifying period of service for award of the Good Conduct Medal. Evidence of record shows the applicant participated in three campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding the applicant the Purple Heart for wounds received as a result...
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ARMY | BCMR | CY2009 | 20090008953
He states that he was among the wounded. The available evidence also shows the applicant was awarded the Purple Heart for wounds received as a result of being hit by nails from a claymore on 11 April 1969. Evidence of record shows that although he received orders for a Purple Heart for wounds received on 4 August 1969 while assigned to the 12th Evacuation Hospital there is no evidence of record nor did the applicant provide any evidence which shows he was wounded on 4 August 1969.
ARMY | BCMR | CY2009 | 20090005911
The evidence of record shows that the applicant completed a qualifying period of service for award of the Good Conduct Medal. Evidence of record shows the applicant participated in two campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart with First Oak Leaf Cluster for wounds received in action in Vietnam on 2 March 1967 and adding this award...
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The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or discharge) to show he was awarded the Purple Heart (Second Oak Leaf Cluster). The applicant states: * He received his first Purple Heart by itself on 25 March 1968 * His second and third Purple Hearts were issued very close together (on 12 April 1968 and 23 April 1968) so he was awarded the Purple Heart with Bronze Oak Leaf Cluster * He has three Purple Hearts, not two,...
ARMY | BCMR | CY2011 | 20110020842
His DD Form 214 shows he is authorized the following awards: * National Defense Service Medal * Vietnam Campaign Medal * Army Good Conduct Medal * Vietnam Service Medal * Purple Heart * Bronze Star Medal 12. 15. Review of his Official Military Personnel File failed to reveal any additional orders awarding him the Purple Heart or Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214,...
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His record and the evidence he provides confirms he was awarded the BSM by the appropriate award authority and it was announced in official orders. However, his MPRJ only shows he was awarded the PH once while serving on active duty and only one of these awards are listed on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart with Oak Leaf Cluster for being wounded in action...
ARMY | BCMR | CY2009 | 20090001238
Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090003778
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