Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070017914
Original file (20070017914.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070017914 


	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, in effect, reconsideration of his earlier request for award of two Purple Hearts.

2.  The applicant states that the orders for the two Purple Hearts were omitted from his file when he left the Army.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); his general orders awarding him the Purple Heart; and two documents showing he was wounded, on 24 March 1968 and on 25 March 1968.  

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 AR20040003173 on 29 March 2005.

2.  The applicant has provided new evidence that will be considered by the Board.  

3.  The applicant was inducted into the Army of the United States on 30 August 1967.  After the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman).  He was assigned to Company A, 2nd Battalion, 3rd Infantry in Vietnam on 13 February 1968.

4.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) contains two entries which indicate he sustained fragment wounds to his right thigh and buttocks on 24 March 1968 and that he sustained fragment wounds to both legs on 25 May 1968. 

5.  The applicant’s name is listed on the Vietnam Casualty Roster and indicates he was wounded in action on 25 May 1968.

6.  The applicant provided a document which indicates he sustained fragment wounds to his right thigh and buttocks on 24 March 1968 at 1435 hours.  The document indicates the applicant was on a search and destroy mission when he was hit by hostile RPG [Rocket-Propelled Grenade] rocket fire.  His condition was described as “Fair” at the 3rd Field Hospital.  

7.  The applicant provided a second document which indicates he sustained fragment wounds to both legs on 25 May 1968.  The document indicates he was on a reconnaissance in force when he was hit by hostile booby-trap.  His condition was described as “excellent” at the Battalion Aid Station and he was returned to duty.  

8.  Headquarters, 199th Infantry Brigade General Orders Number 776, dated 19 July 1968, awarded the applicant the Purple Heart for wounds received in action on 25 May 1968.

9.  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.  A first oak leaf cluster is awarded to denote the second and succeeding awards of the Purple Heart.  

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart for wounds received in action on 25 May 1968.  Therefore, his DD Form 214 should be amended to show the Purple Heart. 

2.  There are no orders which show the applicant was awarded a second award of the Purple Heart.  However, his Enlisted Qualification Record and the document provided by the applicant show he sustained fragment wounds to his right thigh and buttocks on 24 March 1968.  This evidence is accepted as sufficient as a basis to correct his DD Form 214 to show two awards of the Purple Heart. 

BOARD VOTE:

x______ x______  x_____  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 AR20040003173, dated 29 March 2005.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart for wounds received on 24 March 1968; and

	b.  amending his DD Form 214 to show the Purple Heart (First Oak Leaf Cluster).



x_______
          CHAIRPERSON




INDEX

CASE ID
AR20070017914
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0015
2.

3.

4.

5.

6.


Similar Decisions

  • ARMY | BCMR | CY2001 | 2001060579C070421

    Original file (2001060579C070421.rtf) Auto-classification: Approved

    The applicant requests, in effect, that his records be corrected to show that he was discharged in the pay grade of E-5 instead of E-4, and that he was awarded two Purple Hearts and the Army Commendation Medal. He also requests corrections be made to his service medical records. The applicant’s medical records do not appear to be in error.

  • ARMY | BCMR | CY2008 | 20080014565

    Original file (20080014565.txt) Auto-classification: Denied

    The applicant states that he was wounded in his right thigh by shrapnel during a rocket attack on 27 February 1969 in the Republic of Vietnam; however, his injury was not entered into his medical records. In his statement, dated 17 January 2008, a retired Lieutenant General (LTG) states that he served at Da Nang during the same time frame and that he learned that the applicant was wounded during a rocket attack but was not awarded the Purple Heart. There are no general orders that show he...

  • ARMY | BCMR | CY2004 | 040003173C070208

    Original file (040003173C070208.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 MARCH 2005 DOCKET NUMBER: AR20040003173 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. The applicant requests that his records be corrected to reflect award of two Purple Hearts. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.

  • ARMY | BCMR | CY2008 | 20080015326

    Original file (20080015326.txt) Auto-classification: Denied

    On 7 March 1969, a telegram was sent to the applicant's parents which stated that the applicant "was slightly wounded in Vietnam on 5 March 69 as a result of hostile action. The applicant's records do not contain any evidence that the applicant was wounded twice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

  • ARMY | BCMR | CY2003 | 2003088377C070403

    Original file (2003088377C070403.rtf) Auto-classification: Approved

    The applicant states that he served in Vietnam and was wounded in action on two different occasions. The applicant's service was marred by his AWOL in January 1969, for which he was reduced in grade. Heart with oak leaf cluster for wounds received as a result of hostile action on 12 May 1968 and 18 September 1968, the Army Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam...

  • ARMY | BCMR | CY2004 | 2004104598C070208

    Original file (2004104598C070208.doc) Auto-classification: Denied

    The medical reports that the applicant submits with his request show that he was being treated for problems with his left knee. On one report, his physician indicated that the applicant had stated that he had a history of shrapnel wounds in the left hand, and had previous shrapnel wounds to his tibia. The applicant's statement that he was immediately evacuated to Japan, thus orders were never issued for award of the Purple Heart, is not consistent with the evidence of record.

  • ARMY | BCMR | CY2008 | 20080001908

    Original file (20080001908.txt) Auto-classification: Approved

    There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. Therefore, his record should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the period 26 September 1967 through 23 August 1969; and b. amending his DD Form 214 to add the Good Conduct Medal, the Presidential...

  • ARMY | BCMR | CY2007 | 20070016681

    Original file (20070016681.txt) Auto-classification: Denied

    He further states that the Army Morning Report should be compared with the Army War Casualty Roster and it should be determined why the two reports differ from one another. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record. By regulation, in order to award the Purple Heart it is necessary to...

  • ARMY | BCMR | CY2008 | 20080009542

    Original file (20080009542.txt) Auto-classification: Denied

    However, there are no general orders or corroborating evidence that show the applicant was awarded the Purple Heart and the applicant's name is not listed on the Vietnam Casualty Roster. The evidence of record shows that the applicant sustained fragment wounds to his left thigh and was treated at a military medical facility in the Republic of Vietnam. In the absence of substantial evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds,...

  • ARMY | BCMR | CY2013 | 20130002517

    Original file (20130002517.txt) Auto-classification: Approved

    The applicant, the daughter of a deceased former service member (FSM), requests correction of her late father's DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 1 September 1953 to show two awards of the Purple Heart. The applicant states the FSM's DD Form 214 for the period 28 November 1950 to 1 September 1953 shows he received wounds to his right thigh and right buttock. The entry in item 29 of the FSM's DD Form 214 for the period ending...