IN THE CASE OF: BOARD DATE: 13 November 2008 DOCKET NUMBER: AR20080006409 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), with the period ending 24 July 1969, to show award of the Purple Heart. In addition, he further requests award of a second Purple Heart for a combat injury he received in April 1968. 2. The applicant states, in effect, that his DD Form 214 does not show award of the Purple Heart for injuries he received on 12 February 1968. The applicant further states he received a second combat injury on 13 April 1968, while searching for a body count and prisoners in a jungle area immediately after night-long air strikes, when a falling tree knocked him to the ground. The tree punctured his face and the tree limbs literally tore his lower eyelid. The injury was so severe that he was ordered back to base for specialized treatment. 3. The applicant provides his DD Form 214; Headquarters, 25th Infantry Division General Orders Number 8581, dated 3 December 1968; a Purple Heart certificate, dated 25 February 1969; and a Veterans Administration (VA) Form 21-6796b (Rating Decision), dated 22 December 1969. 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 on 25 July 1967 and successfully completed basic and advanced individual training. He was awarded military occupational specialty 91B (Medical Specialist). 3. The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Company, 2nd Battalion, 22nd Infantry, 25th Infantry Division on or about 2 January 1968. He was reassigned to D Company, 2nd Battalion, 22nd Infantry, 25th Infantry Division on 12 October 1968. 4. The applicant departed Vietnam on or about 1 January 1969 after being credited with participating in five campaigns. 5. Headquarters, 25th Infantry Division General Orders Number 2169, dated 25 February 1969, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 12 February 1968. 6. The applicant was honorably released from active duty on 24 July 1969 after completing 2 years of creditable active service. 7. The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Good Conduct Medal, the Bronze Star Medal, the Combat Medical Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 8. There are no orders in the applicant's records that show he was awarded the Purple Heart (1st Oak Leaf Cluster). The applicant's name is listed on the Vietnam Casualty Roster for receiving wounds on 12 February 1968. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of two Purple Hearts. 9. The applicant provided a VA Form 21-6796b, dated 22 December 1969 that shows he was granted service-connection for two hairs growing against the right eye globe and a scar of the right lower lid due to a scratch from a tree limb. 10. The applicant's medical records are not available. 11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound 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 medical personnel, and the medical treatment must have been made a matter of official record. An oak leaf cluster is authorized for wear for each additional award of the Purple Heart. 12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to the 2nd Battalion, 22nd Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 based on Headquarters, Department of the Army General Orders Number 21, dated 1969. 13. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 22nd Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970 based on Headquarters, Department of the Army General Orders Number 51, dated 1971. 14. Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal to include the Vietnam Service Medal. A silver star is worn instead of five bronze stars. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows that the applicant was awarded the Purple Heart for wounds sustained on 12 February 1968. This Purple Heart should be added to his DD Form 214. 2. The applicant indicated that he was treated for an injury to his lower eyelid in April 1968. However, there are no orders in the applicant's service personnel records that show he was awarded a second Purple Heart. The applicant's name does not appear on the Vietnam Casualty Roster as being wounded a second time. The applicant has not provided evidence or medical documentation that shows the injury to his lower eyelid was a result of hostile action. He stated a falling tree knocked him to the ground, causing the injuries. 3. In the absence of military records which show the applicant was wounded or treated for wounds as a result of hostile action in April 1968, there is an insufficient basis for award of a second Purple Heart in this case. 4. The applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His DD Form 214 should be amended to add these awards. 5. The applicant met the eligibility criteria for award of one silver service star to be worn on his already-awarded Vietnam Service Medal. This award should be added to his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ____X____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. 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 to add the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star to be worn on his already-awarded Vietnam Service Medal. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of a second Purple Heart. _________XXX_____________ 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) AR20080006409 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080006409 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1