BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150016990 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150016990 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 9 February 2017 DOCKET NUMBER: AR20150016990 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 Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart (2nd Award). 2. The applicant states he would like his DD Form 214 to show that he was awarded two Purple Hearts. He has a traumatic brain injury (TBI) and he did not realize his DD Form 214 did not show his second Purple Heart. 3. The applicant provides copies of his DD Forms 214 for the periods ending 16 October 1972, 11 November 1970, and 12 June 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 enlisted in the Regular Army on 23 July 1968. He completed his initial entry training and was awarded military occupational specialty (MOS) 11E (Armor Crewman). 3. The applicant served in the Republic of Vietnam from on or about 23 January 1971 through on or about 22 February 1972. During this period, he was assigned to Troop A, 4th Squadron, 12th Cavalry Regiment, 5th Infantry Division. 4. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant suffered wounds to his back on or about 1 March 1971, which required treatment that was made part of the official record. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the Purple Heart. 5. General Orders Number 24, issued by Headquarters, 18th Surgical Hospital (MA), on 8 March 1971, shows the applicant was awarded the Purple Heart for wounds received in action on or about 1 March 1971. 6. The applicant's name appears once on the Vietnam casualty roster, with a date of injury on or about 3 March 1971. 7. The applicant was discharged on 16 October 1972. His DD Form 214 shows he received an under honorable conditions (general) discharge. Additionally, his DD Form 214 shows he was awarded or authorized the Purple Heart and the Vietnam Service Medal. 8. The applicant provides: a. DD Form 214, for the period ending 12 June 1969, which shows he was awarded the National Defense Service Medal (NDSM) in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). b. DD Form 214, for the period ending 11 November 1970, which shows he was awarded the NDSM and the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars in item 24. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound or wounds sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided that verifies the wound resulted from hostile action, required treatment by medical personnel, and that treatment was made a matter of official record. For each subsequent award an oak leaf cluster will be awarded to be worn on the medal or ribbon. No 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: 1. The applicant requests correction of his DD Form 214, to show he was awarded the Purple Heart (2nd award). 2. The applicant's record does not contain evidence that shows he was wounded or injured a second time during his service in the Republic of Vietnam. Similarly, the Vietnam casualty roster does not indicate a second and separate wound/injury. 3. The governing Army regulation provides that in order to be awarded a subsequent Purple Heart, a wound must be as a result of a hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 4. The available evidence does not show the applicant incurred injuries, aside from the injuries previously discussed in this case, resulting from hostile action on a different time or date and requiring medical treatment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014846 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016990 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2