IN THE CASE OF:	 

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080006389 


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 that his records be corrected to show that he was awarded a second Purple Heart.

2.  The applicant states that he suffered gunshot wounds on 5 February 1969.

3.  The applicant does not provide any additional documentation in support of his request.

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’s military records show that he served in the US Army Reserve from March 1960 to April 1962.  He enlisted in the Regular Army on 2 April 1962.

3.  He served continuously, and was promoted to pay grade E-5.  He was honorably released from active duty on 31 October 1981 and placed on the Retired List the following day.  The separation document (DD Form 214) he was issued shows that he was credited with one award of the Purple Heart.

4.  The applicant’s military records show that he was awarded the Purple Heart by General Orders Number 1385 dated 3 November 1965 for wounds incurred on 1 November 1965.  His DA Form 2-1, Personnel Qualification Record, Item 4, has entered “Chipped left knee due to mine explosion 651101 [1 November 1965].”

5.  The applicant’s military records do not contain any documents which show the applicant was wounded a second time or was awarded a second Purple Heart.

6.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant contends that he was wounded a second time on 5 February 1969, there is nothing in his records to substantiate that contention.

2.  Without evidence to substantiate that the applicant was wounded a second time, there is insufficient basis in which to grant his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


      _______ _ 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)                                         AR20080006389





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ABCMR Record of Proceedings (cont)                                         AR20080006389



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