IN THE CASE OF:	  

	BOARD DATE:	  15 July 2008

	DOCKET NUMBER:  AR20080007233 


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 award of the Purple Heart.

2.  The applicant states he was wounded in combat in Vietnam, but he was never awarded a Purple Heart because the paperwork was forgotten during the fog of war.  He states he earned the Purple Heart and he now feels it important enough to pursue.

3.  The applicant provides:

	a.  A 9 April 2008 letter;

	b.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and 

	c.  A notarized affidavit from the former platoon medic of 3rd Platoon, Bravo Company, 4th Battalion, 31st Infantry, 196th Light Infantry Brigade, Americal Division.

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted into the Army of the United States on 26 February 1969.  He completed Basic Combat and Advanced Individual Training at Fort Dix, NJ and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

2.  The applicant was transferred to Vietnam, arriving in-country on/about 24 July 1969.  He was initially assigned to Company E, 4th Battalion, 31st Infantry, 196th Light Infantry Brigade from on/about 7 August 1969 to on/about 9 September 1969.  The he was reassigned to Company B, 4th Battalion, 31st Infantry, 196th Light Infantry Brigade from on/about 10 September 1969 to on/about 19 July 1970.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served primarily as an infantryman, but that on/about 30 April 1970, he served as an RTO (Radio/Telephone Operator).  This form also shows he was awarded the Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, Combat Infantryman Badge, two Overseas Service Bars, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  It does not show award of the Purple Heart, nor does it indicate a wound in Item 40 (Wounds).

4.  There are no orders in the applicant's records awarding him the Purple Heart. 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 Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any order for the Purple Heart on file for the applicant.

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

6.  The applicant's medical records are not available for review.

7.  The applicant provided an affidavit from a Mr. Morris A. B*****r.  He states he was the platoon medic on 2 May 1970 when the unit was engaged in heavy fighting in the Hiep Duc Valley in the vicinity of Danang, Republic of Vietnam.  The applicant was serving as the platoon leader's RTO when the Lieutenant – LT John B***er – was shot and killed by a sniper's bullet.  The round passed through the Lieutenant's helmet and a splinter struck the applicant in the chest, knocking him to the ground.  Mr. B*****r came to the aid of the applicant and noted a superficial flesh wound to the applicant's sternum.  Because he had to attend to more urgent casualties, he did not treat the applicant.  Mr. B*****r states he, himself, was evacuated from the field later in the day due to heat exhaustion.

8.  A search of ADCARS shows that Mr. Morris A. B*****r was awarded the Bronze Star Medal with "V" Device on 24 August 1970.  The citation states the award was:

For heroism in connection with ground operations against a hostile force in the Republic of Vietnam.  Private First Class B*****r distinguished himself by exceptionally valorous actions on 3 June 1970 while serving as a Medical Aidman attached to Company B, 4th Battalion, 31st Infantry.  On that date, the company was conducting combat operations at Landing Zone Siberia when it came under an intense barrage of enemy mortar fire.  In the initial burst of hostile rounds, several friendly soldiers were seriously wounded.  Reacting immediately and with complete disregard for his personal safety, Private B*****r left the security of his position and maneuvered to the aid of his comrades.  Heedless of the danger involved, he remained exposed to the hostile rounds while providing first aid under the most adverse conditions.  Despite the fierce enemy assault, he pulled his comrades to safety and directed medical evacuation helicopters into the area.  Through his timely and courageous actions, he contributed greatly in saving the lives of his fellow soldiers.  Private First Class B*****r's personal heroism, professional competence, and devotion to duty are in keeping with the highest traditions of the military service and reflect great credit upon himself, the Americal Division, and the United States Army.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.  The regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Presidential Unit Citation for the period 11-31 August 1969 by Department of the Army General Order Number 42, dated 1971.  It also shows that the unit was awarded the Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August – 31 December 1969 and 31 March – 30 June 1970 by Department of the Army General Order Number 6, dated 1974.

11.  Department of the Army Pamphlet 672-3 lists campaign participation credit for units serving in Vietnam.  During the applicant's service in Vietnam, his uniot received campaign credit for four campaigns:  Vietnam Summer-Fall 1969, 9 June 1969 — 31 October 1969; Vietnam Winter-Spring 1970, 1 November 1969 — 30 April 1970; DA Sanctuary Counteroffensive, 1 May 1970 — 30 June 1970; and Vietnam Counteroffensive, Phase VII, 1 July 1970 — 30 June 1971.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  A single silver service star denotes five campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.

2.  The applicant's records clearly do not support his request for award of the Purple Heart.  There are no medical records to confirm his wounding; there are no orders awarding him the Purple Heart; there are no annotations on his DA Form 20 indicating his entitlement to the Purple Heart; and he is not listed on the Vietnam Casualty List.

3.  However, the affidavit from Mr. Morris A. B*****r states that he, Mr. B*****r, was the applicant's platoon medic and that, on 2 May 1970, the applicant, while performing duties as LT John B***er's RTO, was struck by the same round that killed LT B***er.  This statement is accepted as proof of the applicant's wound because:

	a.  ADCARS verifies that Mr. B*****r was the medic for Company B, 4th battalion, 31st Infantry;

	b.  The Vietnam Casualty List shows that LT John B***er was killed in action on 2 May 1970 while serving as a platoon leader with Company B, 4th battalion, 31st Infantry; and

	c.  The applicant's DA Form 20 shows that, on/about 30 April 1970, the applicant changed duty assignment from a rifleman to an RTO.

4.  The former medic's affidavit is supported by the preponderance of evidence in the applicant's official record.  The affidavit is accepted as proof the applicant was wounded on 2 May 1970 in the Hiep Duc Valley, Danang, Republic of Vietnam.  He should be awarded the Purple Heart.
5.  The applicant is entitled to other awards which do not appear on his DD Form 214.  He is entitled to the Presidential Unit Citation and the Vietnam Gallantry Cross with Palm Unit Citation.  He is also entitled to wear four bronze service stars on his already awarded Vietnam Service Medal.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 a recommendation for relief.  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 2 May 1970;

	b.  Awarding him the Presidential Unit Citation by Department of the Army General Order Number 42, dated 1971;

	c.  Deleting the Vietnam Service Medal from his DD Form 214; and

	d.  Adding the Purple Heart, the Vietnam Service Medal with 4 bronze service stars, the Presidential Unit Citation, and the Vietnam Gallantry Cross with Palm Unit Citation (foreign award).

							XXX
       _    _______   ___
       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)                                         AR20080007233





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ABCMR Record of Proceedings (cont)                                         AR20080007233



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