| Mr. Carl W. S. Chun | Director | |
| Mr. Walter Avery | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. Donald P. Hupman | Member |
2. The applicant requests, in effect, that he be awarded the Purple Heart for wounds received in Vietnam in 1970.
3. The applicant states that he was wounded in Vietnam and hospitalized. He was eventually medically retired because of the wounds received in Vietnam.
4. The applicant’s military records show that he was inducted on 4 August 1969, was awarded the military occupational specialty (MOS) 13E, Fire Control, and served in Vietnam with the 1/82nd Field Artillery, Americal Division, from 20 December 1968 through 21 August 1970. His conduct and efficiency ratings during this assignment are recorded as excellent. He was retired for permanent physical disability on 23 April 1971 in the grade of specialist 4.
5. Awards reflected on his DD Form 214, Armed Force of the Unites States Report of Transfer or Discharge, include the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal with 1960 device. The Purple Heart is not shown as an authorized award.
6. The applicant’s DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). Awards listed in item 41, but not on his DD Form 214, are the Sharpshooter Badge with rifle bar and Expert Badge with grenade bar.
7. No orders reflecting the award of the Purple Heart to the applicant were found in the files maintained by the Total Army Personnel Command.
8. An excerpt from the applicant's Medical Board proceedings dated 2 February 1971 describes that the applicant suffered wounds from the explosion of a claymore mine while on patrol in Vietnam, on 12 August 1970.
9. A DA Form 199, Physical Evaluation Board (PEB) Proceedings, reflects that the applicant was retired because of physical disability. The PEB made the finding that the applicant's retirement was based on disability resulting from injury or disease received in line of duty as a result of armed conflict or caused by an instrumentality of war and incurred in line of duty during a period of war as defined by law.
10. 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 a medical officer, and the medical treatment must have been made a matter of official record.
11. Instructions for awarding the Purple Heart also provide that individuals wounded or killed as a result of “friendly fire” in the “heat of battle” will be awarded the Purple Heart as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.
12. The same regulation provides for award of the Vietnam Service Medal to all members of the Armed Forces of the United States who served in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. One bronze service star is authorized for each campaign occurring while the individual is under orders in the combat zone. In the applicant’s case, he is entitled to credit for the Vietnam Winter-Spring 1970 Campaign and the DA Sanctuary Counteroffensive Campaign.
13. The same regulation provides for award of the Good Conduct Medal to all members of the Armed Forces of the United States who distinguish themselves by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service. For the first award only, upon termination of service on or after 27 June 1950 of less than three years but more than one year.
14. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
CONCLUSIONS:
1. The applicant's records indicate that he suffered a wound from the detonation of a claymore mine, a US weapon. Under current standards award of the Purple Heart can be made whether enemy or friendly action caused a wound so long as the projectile was released with the intent of inflicting damage on the enemy. Accepting that the detonation of the claymore caused his wound and assuming the detonation that caused the wound was intended to inflict damage on the enemy, it could be construed that he is entitled to the Purple Heart, and it would be appropriate to amend his DD Form 214 to reflect this award.
2. The applicant’s DD Form 214 reflects that he served honorably during a period of conflict, that he was honorably discharged and had no lost time, therefore, the Board concludes that he most likely was qualified for the award of the Good Conduct Medal for the entire period of service from 4 August 1969 through 23 April 1971, and it would be appropriate to amend his DD Form 214 to reflect this award.
3. The applicant's DA Form 20 reflects that he was awarded the Sharpshooter Badge with rifle bar and Expert Badge with grenade bar, and it would be appropriate to amend his DD Form 214 to reflect these awards.
4. Furthermore, in consideration of the fact that his Vietnam tour was abbreviated because of wounds from hostile action and considering his period of service in Vietnam, he is entitled to two bronze service stars on his already awarded Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for wounds received on 12 August 1970, two bronze service stars on the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Badge with rifle bar, the Expert Badge with grenade bar, and the Army Good Conduct Medal for the period 4 August 1969 through 23 April 1971.
BOARD VOTE:
____fne _ _ ___mhm_ ___dph_ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_________Fred N. Eichorn___________
CHAIRPERSON
| CASE ID | AR2002072951 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. 107.00 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2010 | 20100024885
He provided various records of medical care that show he sustained an injury during the discharge of a claymore mine by friendly forces and received medical treatment for this injury. Therefore, there is sufficient evidence to show he was wounded in action in Vietnam on or around 4 May 1970 which would entitle him to award of the Purple Heart and correction of his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090011065
The applicant requests his records be corrected to show award of the Purple Heart. The applicant's service record reveals the following: a. there are no orders awarding him the Purple Heart; b. his DA Form 20 (Enlisted Qualification Record) contains no entry in item 40 (Wounds) and no Purple Heart entry in item 41 (Awards and Decorations); and c. his DD Form 214 does not list the Purple Heart as an authorized award. The applicant is not listed on the Vietnam casualty roster, there are no...
ARMY | BCMR | CY2014 | 20140018898
General Orders Number 69, 24th Evacuation Hospital, dated 27 March 1970, announced the award of the Purple Heart to the applicant for wounds received in the RVN. A DA Form 2173 dated 12 November 1970 reported that the applicant was wounded on 25 August 1970 by friendly fire intended to inflict injury on enemy forces. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds...
ARMY | BCMR | CY2007 | 20070013121C080407
During its original review of the case, the Board found no evidence that the applicant's wounds were the result of hostile action, and that the evidence showed the applicant accidentally detonated a friendly mechanical ambush device, which caused his injury. The evidence of record confirms the applicant was wounded in action in the RVN on 25 August 1970, when a mechanical ambush devise was accidentally detonated. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2008 | 20080009019
The applicant requests, in effect, that his records be corrected to show he was issued the award of the Purple Heart for injuries he sustained on 10 April 1971 in the Republic of Vietnam. Without evidence to show the applicant was wounded as a result of hostile action, the applicant does not meet the criteria for the award of the Purple Heart. As such, the applicant is not entitled to award of the Purple Heart for wounds he sustained in the Republic of Vietnam, on 10 April 1971.
ARMY | BCMR | CY2009 | 20090007419
The applicant states that he suffered injuries in the Republic of Vietnam but was never given the Purple Heart. The available evidence shows the applicant suffered an injury to his hand as a result of an accidental claymore mine detonation on 16 December 1969 in the Republic of Vietnam. In the absence of documentation that conclusively show his claymore mine accident was a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
ARMY | BCMR | CY2010 | 20100016783
His DA Form 20 does not show he was wounded in action, and his service record is void of orders that show he was awarded the Purple Heart. There is no evidence in the applicant's records that show the hospital commander awarded him the Purple Heart. With respect to the applicant's argument that other Soldiers received the Purple Heart as a result of friendly accidents, the ABCMR decides cases on the evidence of record and each case is considered on its own merits.
ARMY | BCMR | CY2009 | 20090010521
There are no orders in the applicant's records which show he was awarded the Purple Heart. There are no orders in applicant's records which show he was awarded the Purple Heart and his name is not listed on the Vietnam Casualty List. 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 by adding to it the Purple Heart, three bronze service stars to be affixed to his Vietnam Service Medal, and the...
ARMY | BCMR | CY2001 | 2001058715C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: NOTE: The Army Review Boards Agency, Support Division, will be directed to administratively correct the applicant’s records by amending his DD Form 214 to add the Bronze Star Medal, the Army Commendation Medal 1 st oak leaf cluster, the Army Good Conduct Medal, and two awards of the Republic of Vietnam Gallantry...
ARMY | BCMR | CY2010 | 20100017314
Army Regulation 600-8-22 also states the Purple Heart was awarded for an injury or wound sustained as a result of hostile action. The evidence of record also shows he had "excellent" conduct and efficiency ratings during his service in the Army, he attained the rank and pay grade of sergeant/E-5, served in Vietnam, and was wounded in action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple...