AR20140000097

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. Title10, U.S.Code, section1552(b), provides that applications for correction of military records must be filed within 3years 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 DAForm20 (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. Item41 (Awards and Decorations) does not list the PurpleHeart 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

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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