RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 18 MAY 2004
         DOCKET NUMBER: AR2003090882


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Raymond Wagner		Chairperson
Mr. Roger Able		Member
Mr. John Denning		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his records be corrected to reflect two awards of the Purple Heart.

2. The applicant states in January 1970 he was on patrol and hit a land mine. He states the entire squad was medically evacuated and that because of the seriousness of his injuries he was further evacuated to the 95^th Evacuation Hospital. He states that he underwent an “ear operation of skin drafts to replace ear drums” and was hospitalized for 45 days before being returned to his unit with a 90-day profile.

3. In spite of his profile, his unit first sergeant sent him back to the front lines 2 weeks later. During a night patrol his unit came under fire and he was “blown out of [his] foxhole” after his lieutenant called in artillery support. He states he sustained more damage to his eardrum and was ultimately evacuated to Japan. After 40 days of hospitalization he was assigned to Hawaii to finish out his term of service.

4. The applicant states that he received his first Purple Heart from an officer at the 95^th Evacuation Hospital 2 days after his initial hospitalization and the second 2 days after his second hospitalization.

5. In support of his request he submits a copy of an order awarding him the Purple Heart for his 29 January 1970 combat wound.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of alleged error which occurred on
17 July 1971. The application submitted in this case is dated 24 February 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. Records available to the Board indicate the applicant entered active duty on 24 July 1969 and was trained as an infantryman (11B). While undergoing




training he qualified as a marksman with the M-16 rifle and as a sharpshooter with the M-14 rifle and was awarded the associated badges and component bars. That information, however, was omitted from his separation document.

4. In January 1970 the applicant was assigned to Vietnam as an infantryman with the 1^st Battalion, 61^st Infantry.

5. According to the 30 January 1970 order awarding him the Purple Heart, he was wounded on 29 January 1970. The date of his combat wound is confirmed in item 40 (wounds) on his Department of the Army Form 20 (enlisted qualification record) and the award of the Purple Heart is also confirmed on the record. The orders confirming the award were issued by the 95^th Evacuation Hospital. The applicant authenticated the information contained on his enlisted qualification record on 24 February 1971.

6. The applicant’s file contains no evidence of a second wound. There were no medical records available to the Board, or provided by the applicant. His name was listed only one time on a list of individuals reported as combat casualties during the Vietnam War.

7. According to his enlisted qualification record, the applicant was evacuated to Japan on 28 March 1970 and ultimately returned to Hawaii on 6 April 1970 where he assumed duties as an infantryman with the 2^nd Battalion, 5^th Infantry on
16 April 1970.

8. The applicant’s separation physical examination notes that the applicant had some residual hearing loss as a result of a “combat wound.” The examination does not indicate that he was wounded twice as a result of hostile action.

9. On 17 July 1971 the applicant was released from active duty. His separation document does not reflect entitlement to any Purple Hearts.

10. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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. United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation




stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

12. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

13. A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit was credited with participating in one designated campaign (Vietnam Winter-Spring 1970) during the applicant’s period of assignment. One bronze service star on the Vietnam Service Medal, which is recorded on his separation document, should reflect his campaign participation. The unit was also awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm during his tenure with the organization.

DISCUSSION AND CONCLUSIONS:

1. The evidence confirms that the applicant was awarded one Purple Heart for wounds sustained on 29 January 1970. His records should be corrected accordingly.

2. There is, however, no evidence which confirms that the applicant was wounded a second time and as such no basis for a second award of the Purple Heart. The absence of the information on his Department of the Army Form 20, which does reflect the initial award, supports this conclusion.

3. The evidence also shows, that the applicant qualified as a marksman with the M-16 rifle and a sharpshooter with the M-14 rifle and was awarded the associated badges and component bars. His records should be corrected accordingly.

4. The applicant is also entitled to one bronze service star on his Vietnam Service Medal and an award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.





5. The applicant met the basic requirements for award of the Combat Infantryman Badge. His records should be corrected to show entitlement to the badge.

BOARD VOTE:

__RW___ __RA __ __JD ___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. showing he was awarded the Purple Heart for wounds sustained on
29 January 1970;

         b. awarding him the Combat Infantryman Badge;

         c. showing he qualified as a marksman with the M-16 rifle and a sharpshooter with the M-14 rifle and was awarded the associated badges and component bars; and

         d. showing that he is entitled to one bronze service star on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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 an award of a second Purple Heart.





                  ___Raymond Wagner____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090882
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20040518
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.