IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140010196
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 received two awards of the Purple Heart.
2. The applicant states he received two awards of the Purple Heart while serving in Vietnam but his DD Form 214 only documents one award. He believes this error to be an administrative oversight.
3. The applicant provides his DD Form 214 and two letters, dated 20 April 2014 and 21 May 2014.
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 Army of the United States on 1 November 1966. He held military occupational specialty 11B (Light Weapons Infantryman) and attained the rank/grade of sergeant (SGT)/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 24 April 1967 to 18 April 1968 and he was assigned to Company B, 1st Battalion, 5th Infantry Regiment, 25th Infantry Division from 3 May 1967 to 15 April 1968.
* Item 40 (Wounds) contains one entry showing he received a fragment wound to his left side and right leg on 19 May 1967
* Item 41 (Awards and Decorations) shows only one award of the Purple Heart
4. 12th Evacuation Hospital General Order (GO) Number 104, dated 20 May 1967, awarded him the Purple Heart (1st Award) for wounds he sustained in action against a hostile enemy on 19 May 1967.
5. There are no subsequent GOs in his record that show he was awarded the Purple Heart (2nd Award).
6. His name was listed on the Vietnam casualty roster a single time. This entry shows he was treated for wounds he received on 19 May 1967.
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 and maintained by the U.S. Army Human Resources Command Military Awards Branch failed to reveal orders awarding him the Purple Heart (2nd Award).
8. His record does not contain a Western Union telegram or medical records to show he was wounded in action a second time and/or treated for a second combat injury/wound incurred on a different date.
9. He was honorably released from active duty on 28 August 1968. His DD Form 214 lists one award of the Purple Heart.
10. Army Regulation 600-8-22 (Military Awards) provides that 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. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant received fragment wounds to his left side and his right leg on 19 May 1967. His record does not contain and he has not provided any evidence that shows he was injured in combat prior to or after that date.
2. The applicant received multiple fragments wounds on the same day. However, only one award will be issued if the wounds were sustained at the same time as a result of the same explosive or hostile agent. Additionally, there is no evidence and he has not provided evidence such as his medical records to show his injuries were caused by separate events in the same engagement.
3. Based on the foregoing, there is insufficient evidence to grant the 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) AR20140010196
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