RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 April 2007
DOCKET NUMBER: AR20060014533
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.
x
The Board considered the following evidence:
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 that his records be corrected to reflect his two awards of the Purple Heart.
2. The applicant states that he was awarded two awards of the Purple Heart for wounds received in combat in Vietnam and they are not recorded on his report of separation (DD Form 214).
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was inducted in San Antonio, Texas on 2 April 1968 and was transferred to Fort Bliss, Texas to undergo his basic combat training (BCT). Upon completion of his BCT he was transferred to Fort Ord, California where he completed his advanced individual training as a light weapons infantryman before being transferred to Vietnam on 29 August 1968.
2. He was assigned to the 1st Battalion, 12th Infantry Regiment for duty as a rifleman and was advanced to the pay grade of E-3 on 8 September 1968. He was advanced to the pay grade of E-4 on 28 October 1968 and on 5 June 1969, he was wounded in action against the enemy when he received a fragmentation wound to the right arm during a sweep mission in which his unit engaged a hostile force in a firefight. He was treated in the field and was returned to duty.
3. He was promoted to the rank of sergeant (E-5) on 12 August 1969 and he departed Vietnam on 26 August 1969 for assignment to Fort Riley, Kansas, where he remained until he was honorably released from active duty (REFRAD) on 1 April 1970, due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD indicates that he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal with 1960 Device, the Bronze Star Medal with V Device, the Vietnam Service Medal (VSM), and the Expert Marksmanship Qualification Badge with Rifle Bar.
4. A review of his official records shows no record of the applicant being awarded the Purple Heart. However, his records do document that he was wounded on 5 June 1969. There is no evidence of the applicant being wounded twice in Vietnam and his name is listed only once on the Vietnam Casualty Listing, for his 5 June 1969 wound. His records also show that he was awarded the Good Conduct Medal (GCMDL) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation. Additionally, he was awarded two bronze service stars for wear on his VSM to denote campaign participation. However those awards were not added to his DD Form 214.
5. Additionally, the evidence of record shows that the applicants unit was subsequently awarded the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation for the period of 1 October 1966 to
31 October 1969.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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:
1. The applicants contention that he was awarded two awards of the Purple Heart has been noted; however, the applicant has not provided orders to show two awards of the Purple Heart and the evidence of record contains evidence of only one incident of his being wounded. Therefore, it is reasonable to presume that he was awarded at least one of the Purple Hearts he claims to have and that award of the PH should be reflected on his records.
2. However, absent evidence to establish entitlement to a second award of the Purple Heart, there appears to be no basis to add a second award of the Purple Heart to his records.
3. The Board also notes that the applicant was awarded the GCMDL, the RVNGC w/Palm Unit Citation, and two bronze service stars for wear on his already-awarded VSM that were not included on his DD Form 214 at the time of his REFRAD.
4. Additionally, the applicants unit was awarded the RVNCAHM-FC Unit Citation during the period he was assigned to the unit. Accordingly, his records should be corrected to reflect these awards as well.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x___ _x___ __x__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his awards of the Purple Heart, the GCMDL, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and two bronze service stars for wear on his already-awarded VSM.
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 award of a second Purple Heart (PH 1OLC).
______x________
CHAIRPERSON
INDEX
CASE ID
AR20060014533
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.107.0000
46/DE
2.110.0000
189/CORR 214
3.
4.
5.
6.
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