IN THE CASE OF: BOARD DATE: 3 July 2008 DOCKET NUMBER: AR20080000812 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 record to show he was awarded two Purple Hearts [Correctly known as the Purple Heart with First Oak Leaf Cluster]. 2. The applicant states, in effect, that he received two Purple Hearts for wounds sustained while serving in the Republic of Vietnam. The applicant continues that the Purple Heart with First Oak Leaf Cluster should be added to his record so he may receive Veterans Affairs benefits. 3. The applicant does not provide any documentary evidence in support of this application. 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 record shows that he was inducted into the Army of the United States on 21 January 1969 and entered active duty on 24 January 1969. He completed basic and advanced individual training and was awarded the military occupational specialty 11D (Armor Reconnaissance Specialist). The highest rank he achieved was sergeant/pay grade E-5. 3. Block 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) for his period of service ending on 13 April 1971 shows he served in the Republic of Vietnam during the period 16 October 1969 through 19 October 1970. Block 40 (Wounds) is blank. Block 41 (Awards and Decorations) does not show award of the Purple Heart. 4. The Republic of Vietnam Casualty Roster shows that the applicant was wounded as the result of hostile action on 11 May 1970. 5. Department of the Army, Headquarters, Americal Division, General Orders 4602, dated 13 May 1970, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force while serving in the Republic of Vietnam on 11 May 1970. 6. Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart. 7. 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 military medical personnel, and the medical treatment must have been made a matter of official record. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart. 8. A Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon. 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 applicant's contention that he is entitled to award of the Purple Heart with First Oak Leaf Cluster due to wounds he received as the direct result of hostile action was carefully considered and determined to be with partial merit. 2. General Orders awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force while serving in the Republic of Vietnam on 11 May 1970. Therefore, the applicant is entitled to have his records corrected to show this award. 3. There are no orders, medical evidence, or corroborating administrative evidence in the available records showing the applicant either received or is eligible to receive an additional Purple Heart for wounds received in connection with military operations against a hostile force while serving in the Republic of Vietnam. 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 showing he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force while serving in the Republic of Vietnam on 11 May 1970. 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. _ ___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) AR20080000812 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080000812 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1