RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 September 2006
      DOCKET NUMBER:  AR20060002220


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Thomas Ray                    |     |Member               |

      Exhibit A - Application for correction of military records.

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

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of an earlier
request to correct his DD Form 214 (Report of Transfer or Discharge) for
the period ending 1 June 1972 to show award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded on 26 May 1970 and
that he was awarded the Purple Heart on 27 May 1970; however, it was not
added to his DD Form 214.

3.  The applicant provides a Clinical Record Cover Sheet, dated 23 June
1970.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040009254 on 30 June 2005.

2.  The applicant provided a service medical record, dated 23 June 1970,
which states, in pertinent part, “Multiple fragment wounds of the abdomen
with perforation of the small bowel.  IRHA [Incurred as a result of hostile
action]:  Hostile action, 0130 hrs [hours], 26 May 70, Cambodia.”  This
medical record also states that the Purple Heart was awarded by the 93rd
Evacuation Hospital (General Orders Number 147) on 27 May 1970.

3.  The applicant’s submission is new evidence which will be considered by
the Board.

4.  The applicant enlisted on 21 August 1967 for a period of 3 years.  He
served as a light weapons infantryman in Vietnam from 2 April 1968 through
3 October 1968.  On 20 January 1969, he was honorably discharged for
immediate reenlistment.

5.  The applicant’s DD Form 214 for the period ending 20 January 1969 shows
the Combat Infantryman Badge, the Parachutist Badge, the Vietnam Service
Medal, one award of the Overseas Service Bar, and the National Defense
Service Medal as authorized awards.

6.  The applicant reenlisted on 21 January 1969 for a period of 4 years.
He served as a light weapons infantryman in Vietnam from 13 November 1969
until he was wounded on 26 May 1970 and transferred to the United States on

22 June 1970 for further medical treatment.  On 29 July 1971, the applicant
was honorably discharged for immediate reenlistment.

7.  The applicant’s DD Form 214 for the period ending 29 July 1971 shows
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, the Combat Infantryman Badge, the Army Commendation Medal with
“V” Device, the Army Commendation Medal, the Air Medal, and the Good
Conduct Medal as authorized awards.

8.  The applicant reenlisted on 30 July 1971 for a period of 3 years.  He
served as a light weapons infantryman in Vietnam from 8 October 1971
through
1 February 1972.  On 1 June 1972, the applicant was discharged by reason of
physical disability.

9.  The applicant’s DD Form 214 for the period ending 1 June 1972 shows the
Expert Marksmanship Qualification Badge with Rifle Bar and one award of the
Overseas Service Bar as authorized awards.

10.  The Vietnam Casualty Roster shows the applicant was wounded on 26 May
1970 (serious, not combat related injury).

11.  A service medical record, dated 13 April 1972, states the applicant
suffered multiple fragment wounds on 26 May 1970 sustained when he was
injured as a result of an explosion while he was sleeping.  The applicant’s
Medical Evaluation Board determined that he should be referred to a
Physical Evaluation Board as medically unfit for military service based on
a diagnosis of residuals of his injuries sustained on 16 May 1970 when he
was injured by an explosion while sleeping in an abandoned military
compound.

12.  A DD Form 215 (Correction to DD Form 214), dated 3 February 2006,
amended the applicant’s DD Form 214 for the period ending 1 June 1972 to
show the Vietnam Service Medal with one silver service star, the Valorous
Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation Badge.

13.  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, and the medical treatment must have been made a matter of
official record.



DISCUSSION AND CONCLUSIONS:

Although there is contradictory evidence, the applicant has provided
contemporaneous medical evidence of record which shows he was wounded as a
result of hostile action on 26 May 1970 in Cambodia.  In this case, any
reasonable doubt should be resolved in favor of the applicant.  Therefore,
it would be appropriate to amend his DD Form 214 for the period ending 1
June 1972 to show award of the Purple Heart.

BOARD VOTE:

JA_____  __ML____  __TR____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
amendment of the ABCMR’s decision in Docket Number AR20040009254, dated 30
June 2005.  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 for the period ending 1 June 1972 to show the Purple Heart.





                                  ___James Anderholm____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002220                           |
|SUFFIX                  |                                        |
|RECON                   |20060630                                |
|DATE BOARDED            |20060919                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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