IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20070018667 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his earlier petition to be awarded the Purple Heart (PH).  

2.  The applicant states, in effect, that he was turned down by the Board for award of the PH based on insufficient evidence.  Since that time he requested and received his full medical record from the Veteran Affairs (VA) and that within the record, he found documents confirming he was wounded in Vietnam due to enemy action.  The documents he found pointed out that he was wounded on two separate occasions.

3.  The applicant provides a copy of a Radiographic Report (519-205) and a U.S. Field Medical Card (DD Form 1380), 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 AR20050017194, on 13 July 2006.

2.  During its original review of the case, the Board found no evidence of record to support the applicant's claim that he was wounded in action in the RVN.  The Board noted that there were no PH award orders on file in his record and no personnel service record entries that indicated that the applicant was ever wounded in action or awarded the PH.  It further noted that his name was not included on the Vietnam Casualty Roster.  As a result, it concluded there was no evidence to support award of the PH in this case.  

3.  The applicant provides a copy of a Radiographic Report (519-205) and a U.S. Field Medical Card (DD Form 1380), as new evidence to support that he was wounded in Vietnam due to enemy action.  The Radiographic Report shows that he received treatment on 28 February 1968, for a small superficial fragment on the lower left forearm, however, the report does not indicate if the fragment wound/injury was the result of enemy action.  The DD Form 1380 indicates that the applicant received treatment on 27 March 1968, for an injury to the right thigh and that the wound was cleaned and dressed and the injury was considered in the line of duty.  The DD Form 1380 also shows (Nature of Casualty or Illness) and block 16 is marked “Yes,” which indicates “Enemy Action.”  Block 19 (What was he doing when injured) is annotated “S&D Mission” and the form is signed by a medical officer. 

4.  The applicant’s record shows he was inducted into the United States Army and entered active duty on 7 February 1969.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was sergeant (SGT).

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 13 July 1967 through 9 July 1968.  It further shows he was assigned to the Company C, 1st Battalion, 5th Infantry, performing duties in MOS 11B as a rifleman.  Item 40 (Wounds) is blank and Item 41 (Awards and Decorations) does not include the PH in the list of authorized awards.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that indicate he was ever wounded in action, or awarded the PH.  There are also no medical treatment records on file in the MPRJ that indicate he was ever treated for a combat related wound or injury.

7.  The applicant's MPRJ includes orders that show he qualified as an expert with the M-60 Machinegun and M-14 Rifle, which entitles him to the Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars.  

8.  On 6 February 1969, the applicant was honorably released from active duty after completing a total of 2 years of active military service.  The DD Form 214 he was issued at that time shows he earned the following awards:  the National Defense Service Medal (NDSM); the Combat Infantryman Badge (CIB); the Vietnam Service Medal (VSM) with 1 bronze service star, the RVN Campaign Medal (RVNCM); and Bronze Star Medal.  The applicant authenticated this separation document with his signature on the date of his separation.

9.  As a result of the original Board consideration of this case, the applicant's record and separation document were corrected by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Machinegun and Rifle Bars, and four bronze service stars to be worn with his Vietnam Service Medal.  The applicant was also provided a DD Form 215 (Correction to DD Form 214) to include these awards.  

10.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Department of the Army (DA) Military Awards Branch, which contains orders issued between 1965 and 1973, during the Vietnam era.  There were no PH orders pertaining to the applicant.  As indicated in the original Record of Proceedings, the applicant's name was not included on the Department of the Army Vietnam Casualty Roster.  

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required medical treatment by medical personnel; and a record of the medical treatment must have been made a matter of official record.  

12.  Army Regulation 15-185 (Army Board for Correction of Military Records) 
prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  Chapter 2 contains guidance on the establishment and functions of the ABCMR.  It states, in pertinent part, that the ABCMR is not an investigative body, and will consider applications properly brought before it based on the evidence of record and independent evidence provided.  It further stipulates that the ABCMR begins its consideration of each case with the presumption of administrative regularity, and that the applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his earlier petition to be awarded the PH and the supporting treatment records were carefully considered and found to have merit.  
2.  In this case, copies of medical treatment documents that were provided by the applicant clearly show that he received treatment on two occasions for wounds received.  The Radiographic Report shows that he received treatment on 
28 February 1968, for a small superficial fragment on the lower left forearm, however, the report does not indicate if the fragment wound/injury was the result of enemy action.  However, the U.S. Field Medical Card (DD Form 1380), indicates that the applicant received treatment on 27 March 1968, for an injury to the right thigh, the wound was cleaned and dressed and the injury was considered in the line of duty.  The DD Form 1380, also shows (Nature of Casualty or Illness) a check mark Yes in block 16, which indicated Enemy Action and in block 19 (What was he doing when injured) shows “S&D Mission” and the form was signed by a medical officer.  The U.S. Field Medical Card that was provided by the applicant is considered sufficient documentation to support granting the award of the PH.  

3.  Therefore, in view of the foregoing, the applicant’s records should be corrected to show award 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 AR20050017194, dated 13 July 2006.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Purple Heart for wounds received as a result of hostile action on 27 March 1968 in the Republic of Vietnam.




       _    ___X____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070018667



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ABCMR Record of Proceedings (cont)                                         AR20070018667



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