RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 August 2007
DOCKET NUMBER: AR20070001698
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.
| |Ms. Catherine C. Mitrano | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Conrad V. Meyer | |Chairperson |
| |Mr. Dale E. DeBruler | |Member |
| |Ms. Ernestine R. Moya | |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 his request to be
awarded the Purple Heart (PH).
2. The applicant states, in effect, that he received a shrapnel wound
while serving in the Republic of Vietnam (RVN) and was treated for this
wound in-country, but the PH was never processed.
3. The applicant provides a Chronological Record of Medical Care (SF 600)
in support of his reconsideration request.
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
AR2003096750 on 15 June 2004.
2. The separation document (DD Form 214), as amended by a correction to
the DD Form 214 (DD Form 215) issued on 21 March 2005, as a result of
action by this Board, shows he earned the following awards during his
active duty tenure: National Defense Service Medal; Bronze Star Medal 1st
Oak Leaf Cluster with "V" (Valor) Device; Army Commendation Medal; Air
Medal; Army Good Conduct Medal; Vietnam Service Medal with 2 bronze service
stars; RVN Gallantry Cross with Silver Star;RVN Campaign Medal with 1960
Device; RVN Gallantry Cross with Palm Unit Citation; Combat Infantryman
Badge; Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; and
Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.
3. During its original review of the case, the Board determined that the
regulatory burden of proof necessary to support award of the PH had not
been met because there was no evidence of record confirming the applicant
was wounded in action, or that he was treated for a combat related wound by
military medical personnel. The only medical treatment records on file in
the applicant's record at the time was a separation physical examination
that gave no indication he had been wounded in action.
4. The applicant now submits as new evidence an SF 600 that confirms he
was treated at a forward service base aid station for a fragmentation wound
to his hand on 10 March 1971, and that he was treated for the same wound at
the
95th Evacuation Hospital in the RVN on 11 March 1971.
5. The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, 101st Airborne Division (Airmobile) General Orders Number
6040, dated 31 May 1971, which awarded the applicant the Bronze Star Medal
with "V" (Valor) Device, for his heroism in combat action in the RVN on 19
March 1971.
DISCUSSION AND CONCLUSIONS:
In view of the medical treatment record now provided by the applicant, and
given his unit was involved in heavy combat action during the period in
question, as evidenced by the BSM with "V" Device for heroism the applicant
received for combat action on 19 March 1971, it is reasonable to conclude
that the fragment wound received by the applicant on 10 March 1971 was the
result of enemy action as he asserts. Therefore, based on the
preponderance of the evidence, it would be appropriate and serve the
interest of equity and justice to award him the PH for being wounded in
action in the RVN on 10 March 1971, and to correct his record and
separation document accordingly.
BOARD VOTE:
__CVM__ __DED__ __ERM__ 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 AR2003096750, dated 15
June 2004. As a result, the Board recommends that all Department of the
Army records of the individual concerned be corrected by awarding him the
Purple Heart for being wounded in action in the RVN on 10 March 1971; and
by providing him a correction to his separation document that includes this
change.
_____Conrad V. Meyer____
CHAIRPERSON
INDEX
|CASE ID |AR20070001698 |
|SUFFIX | |
|RECON |AR2003096750-2004/06/15 |
|DATE BOARDED |2007/08/21 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1971/09/15 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |Trns to USAR |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. 46 |107.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2004 | 2004101955C070208
It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN. By regulation, in order to support award of the PH, it is necessary to have evidence confirming the member was wounded in action, was treated for the wound by military medical personnel and this record of treatment must have been made a matter official record. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2007 | 20070007063C080407
However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, and the regulation only authorizes a "V" Device with a BSM that is awarded for heroism. The evidence of record shows that based on his assignment to Company A, 15th Medical Battalion, the applicant is entitled to the MUC, which is already documented in his record and separation document. As a result, the Board...
ARMY | BCMR | CY2006 | 20060010567C071029
The applicant states, in effect, he received a PH for being wounded in action in January 1968, which is included in his record and on his separation document (DD Form 214), but did not receive a second PH for an incident that occurred on 19 September 1967, when he was flying a helicopter gunship in the An Loc valley in the Republic of Vietnam (RVN). By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a...
ARMY | BCMR | CY2007 | 20070006000C071029
Qawiy A. Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Item 40 (Wounds) is blank, and the PH is not included in the list of awards contained in Item 41 (Awards and Decorations). Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation and 4...
ARMY | BCMR | CY2012 | 20120001655
Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate to award him the PH for being wounded in action in the RVN on 2 May 1968 and to add this award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal from his DD Form 214; b. awarding him the Purple Heart for being wounded in action in the...
ARMY | BCMR | CY2010 | 20100022615
His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Foreign Service): * Germany from 17 February through 9 October 1969 * Vietnam from 12 October 1969 through 2 July 1970 * Korea from 17 December 1971 through 17 January 1973 * Item 38 (Record of Assignments), in part: * duty as a Troop Aidman with Headquarters and Headquarters Troop, 1st Squadron, 1st Calvary Regiment from 25 October 1969 to 23 June 1970 * assigned in a patient status to the Medical Holding Company, 249th...
ARMY | BCMR | CY2006 | 2006001049C070205
By regulation, in order to support award of the PH, there must be evidence that the wound for which the award is being made was the result of enemy action, that it was treated by military medical personnel, and a record of this treatment must have been made a matter of official record. Therefore, it would be appropriate to award the applicant the PH, for being wounded in action in the RVN on 7 January 1967. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2007 | 20070003808C071029
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 July 2007 DOCKET NUMBER: AR20070003808 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. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. As a result, the Board recommends that all...
ARMY | BCMR | CY2014 | 20140003334
A review of the applicant's military personnel records failed to reveal any evidence that he was WIA on a third occasion, or any orders or other evidence that shows he was awarded the PH (2nd OLC). c. The VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...
ARMY | BCMR | CY2013 | 20130001167
The DA Forms 759 and 759-1 provided with this case, confirm the applicant flew 43 category-I missions, totaling 181 hours during his tour in the RVN. Therefore, his DD Form 214 should be corrected to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Air Medal for the period September 1970 - March 1971; b. awarding him the Army Good Conduct Medal (1st Award) for the period 2 June 1969...