RECORD OF PROCEEDINGS


	IN THE CASE OF:	  .


	BOARD DATE:	  5 June 2007
	DOCKET NUMBER:  AR20070003239 


	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. Gerard Schwartz

Acting Director

Ms. Antoinette Farley

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Chester A. Damian

Member

	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 reconsideration of his previous request for award of the Purple Heart.

2.  The applicant states that he did not receive the Purple Heart after he sustained injuries to his left forearm and buttocks.

3.  The applicant provides a one-page Chronological Record of Medical Care, dated 28 December 1969; pictures of several Soldiers; and a picture of his buttock in support of this application.

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 AR20050001942, on 23 November 2005.

2.  The applicant's one-page Chronological Record of Medical Care, dated 28 December 1969, was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and therefore, will be reviewed by the Board.

3.  The applicant's records show he was inducted into the Army on 10 November 1964, and remained on active duty as a combat engineer through a series of continuous reenlistments.

4.  The applicant's records show the applicant served in the Republic of Vietnam with Company B, 86th Engineer Battalion during the period 13 September 1967 through 12 September 1968, and with the 321st Artillery Regiment during the period 7 October 1969 through 6 October 1970.

5.  On 31 May 1990, the applicant was honorably released from active duty and was transferred to the Retired List effective 1 June 1990.  The applicant's record shows that he completed 25 years, 6 months, and 21 days of total active service. The highest grade the applicant held was master sergeant/pay grade E-8.





6.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 29 October 1973, shows award of the Bronze Star Medal, the Gallantry Cross, the Silver Star, the Republic of Vietnam Campaign Medal with Device 60, and the Vietnam Service Medal.  Item 24 of the applicant's DD Form 214 does not show award of the Purple Heart.

7.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 31 May 1990 shows award of the Army Service Ribbon, the National Defense Service Medal, the Army Good Conduct Medal (Eight Award), the Army Commendation Medal with First Oak Leaf Cluster, the Republic of Vietnam Campaign Medal with Device 60, the Vietnam Service Medal, the Overseas Service Ribbon (1), the Meritorious Service Medal.  However, item 24 of the applicant's DD Form 214 does not show award of the Purple Heart.

8.  There are no general orders in the applicant's records to show he was awarded the Purple Heart.

9.  The applicant's name does not appear on the Vietnam Casualty Roster.

10.  The applicant provided a one-page Chronological Record of Treatment from his military medical service records.  The Record of Treatment shows that the applicant was evacuated to the 85th Evacuation Hospital and treated for fragment wounds to his left forearm and buttocks on 28 December 1969.  

11.  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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.

12.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 13 August 1967 through 25 September 1967, based on Department of the Army General Orders Number 43, dated 1970.

14.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any service stars indicating campaign credit.  His records indicate he participated in the Vietnam Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive and the Vietnam Counteroffensive, Phase VII campaigns.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in eight campaigns during his two tours of duty in the Republic of Vietnam.  This same regulation states that a silver star will be awarded in lieu of five bronze service stars for wear on the Vietnam Service Medal for participation in each campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for wounds sustained as a result of shrapnel fragments to his left forearm and buttocks while serving in the Republic of Vietnam.

2.  The applicant provided a Chronological Record of Medical Care as new evidence.  The medical record shows the applicant received medical treatment for shrapnel fragment wounds to his left forearm and buttocks at the 85th Evacuation Hospital.  

3.  The evidence provided by the applicant is determined to be sufficient to show that he met the criteria for award of the Purple Heart.  Therefore, it would be appropriate in this case to correct the applicant's record to show award of the Purple Heart.

4.  General Orders awarded the applicant’s unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure with the unit.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

5.  Record shows the applicant was awarded the Vietnam Service Medal.  Records show that the applicant participated in eight campaigns during his service in the Republic of Vietnam.  Therefore he is eligible for award of one silver service star and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_JRS___  __LDS___  _CAD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board unanimously determined during their review that the military records do not show that the applicant’s wounds were the result of hostile action.  As a result, the Board unanimously recommends denial of the applicant’s request for reconsideration of award of the Purple Heart and amendment of the ABCMR’s decision in Docket Number AR20050001942, dated 23 November 2005.

2.  Based upon the above action, the Board determined that administrative error in the records of the individual should be corrected.  Therefore the Board requests that Case Management Support Division, St. Louis, Missouri, administratively correct the records of the individual concerned to show award of the Republic of Vietnam Civil Actions Honor Medal First Class; and one silver service star and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.





_Linda D. Simmons___
          CHAIRPERSON

 
INDEX

CASE ID
AR20070003239
SUFFIX

RECON
2005/12/01
DATE BOARDED

TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1990/05/31
DISCHARGE AUTHORITY
AR 635-200.  
DISCHARGE REASON
Retirement
BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.