BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160000010 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: 8 June 2017 DOCKET NUMBER: AR20160000010 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: 8 June 2017 DOCKET NUMBER: AR20160000010 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 award of the Purple Heart for wounds received in Vietnam on 13 September 1968. 2. The applicant states: a. He did not receive the Purple Heart for wounds sustained on 13 September 1968. His medical records show his hospital stays in Japan and Ireland Army Hospital at Fort Knox. b. His retirement DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) doesn't reflect his second award of the Purple Heart. c. He was blown off a tank on 13 September 1968 by a rocket-propelled grenade. In the heat of the ambush, emergency medical attention was provided by medics who saved his life and he was evacuated to the nearest hospital. At the time, he was not concerned about the paperwork. He was medically discharged from the Army in 1973 as a result of these wounds. 3. The applicant provides: * self-authored letter, dated 16 November 2015 * statement of creditable service * Purple Heart orders, dated 22 July 1968 * AGPERSCEN Form 80 (Request for Information Contained in OMPF (Official Military Personnel File)) * medical records * service personnel records * Army Good Conduct Medal orders, dated 11 July 1973 * DD Forms 214 for the periods ending 19 October 1965, 24 January 1972, and 13 August 1973 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. Having prior service in the Army National Guard and U.S. Coast Guard, the applicant enlisted in the Regular Army on 2 April 1964 for a period of 3 years. On 19 October 1965, he was honorably discharged for immediate reenlistment. He reenlisted on 20 October 1965 for a period of 6 years. 3. He arrived in Vietnam on 17 March 1968. 4. Headquarters, 1st Infantry Division, General Orders Number 7209, dated 22 July 1968, awarded him the Purple Heart for wounds received in action on 10 April 1968. 5. He departed Vietnam on 22 September 1968. 6. He provided a clinical record from the Ireland Army Hospital at Fort Knox, dated 17 September 1971, showing he was treated for pain in the right knee. This record states: "Then while on active duty in Viet Nam in August 1968 he suffered another injury to the right knee when he was knocked off a tank during a mortar explosion." 7. On 24 January 1972, he was honorably discharged for immediate reenlistment. His DD Form 214 for the period ending 24 January 1972 shows he was awarded or authorized: * National Defense Service Medal * Army Good Conduct Medal (2nd Award) * Vietnam Service Medal * Purple Heart * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar 8. He reenlisted on 25 January 1972 for a period of 3 years. 9. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "Abrasion (R) [right] lower rib cage" on 10 April 1968. 10. On 13 August 1973, he was honorably discharged by reason of permanent disability. His DD Form 214 for the period ending 13 August 1973 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar * four service stripes * Purple Heart * Army Good Conduct Medal (3rd Award) * U.S. Army Recruiter Badge 11. The Vietnam casualty roster shows he was wounded in action on 10 May 1968. (This appears to be a typographical error and should read 10 April 1968 based on the aforementioned evidence.) 12. There are no orders for a second award of the Purple Heart in his available records. 13. He provided a self-authored letter, dated 16 November 2015, stating: a. While serving on active duty in 1970, the second Purple Heart was verified and he had no reason to question it until 2011. Not knowing what his difficulties were emotionally from Vietnam, and after being divorced, his records were either destroyed or kept by his ex-wife. b. The National Personnel Records Center has two DD Forms 214 with official seals on file. One DD Form 214, when he reenlisted as an E-6, shows a second Purple Heart, but his retirement DD Form 214 does not show his second Purple Heart. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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. 2. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. The instructions further stated the date the wound or injury occurred would also be entered in item 40. DISCUSSION: 1. The evidence of record shows the applicant was awarded the Purple Heart for wounds received in action on 10 April 1968 in Vietnam. 2. He contends he was wounded a second time when he was blown off a tank by a rocket-propelled grenade in Vietnam on 13 September 1968. 3. The evidence of record does not support his contention that his DD Form 214 for the period ending 24 January 1972 shows two awards of the Purple Heart. This DD Form 214 shows one award of the Purple Heart. 4. Army Regulation 600-8-22 establishes the basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify the wound was the result of hostile action, required treatment by military medical personnel, and was documented in official records. 5. His name appears once on the Vietnam casualty roster and item 40 of his DA Form 20 shows he was wounded on 10 April 1968. 6. Although the clinical record states he suffered an injury to his right knee when he was knocked off a tank during a mortar explosion in Vietnam in August 1968, there is no corroborating evidence showing he was wounded or injured a second time as a result of hostile action in Vietnam on 13 September 1968. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000010 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000010 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2