IN THE CASE OF:	  

	BOARD DATE:	  17 July 2008

	DOCKET NUMBER:  AR20080009122 


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

2.  The applicant states he was wounded in combat and was treated at an Army Hospital in Chu Lai in the Republic of Vietnam in February 1969.

3.  The applicant provides a copy of DA Form 1594 (Daily Staff Journal or Duty Officer’s Log), dated 22 February 1969; a copy of a Final Diagnostic Imaging Report, dated 27 October 2006; and a photograph of a Soldier with a bandage on his knee and a puppy in his left hand, in support with support of his 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 AR20060011991, on 24 April 2007.

2.  The applicant submitted a copy of a copy of DA Form 1194, dated 22 February 1969 and a copy of a Final Diagnostic Imaging Report, dated 27 October 2006, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrants consideration by the Board.


3.  The applicant’s records show he was inducted into the Army of the United States and entered active duty on 19 June 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's records also show he served in the Republic of Vietnam from 18 November 1968 to 15 November 1969.  He was assigned to the 23rd Administration Company from 25 November 1968 to 5 December 1968 and to Company B, 4th Battalion, 3rd Infantry, from 6 December 1968 to 14 November 1969.  

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) contains a blank entry and Item 41 (Awards and Decorations) does not show award of the Purple Heart.

6.  The applicant's Military Personnel Records Jacket (MPRJ) contains no orders, or other documents that indicate he was recommended for, or awarded the Purple Heart.  The MPRJ is also void of any medical treatment records indicating he was treated for a combat-related wound.

7.  The applicant's name is not shown on the Vietnam Casualty Roster. 

8.  During the processing of this case, a member for 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 Purple Heart orders on file for the applicant.

9.  The applicant submitted copy of Daily Staff Journal or Duty Officer’s Log, prepared by the Operations and/or Intelligence Officer (S-2/S-3) of the 4th Battalion, 3rd Infantry, on 22 February 1969, which shows an entry at 11:10 a.m. for a “Dust Off” (aero medical evacuation) was requested for the applicant due to fragment wounds in his right lower leg.  The journal/log shows the applicant’s name, rank, and service number.  It also shows the entry "WHA," indicating that the applicant was wounded as a result of hostile action. Furthermore, attached to the Daily Staff Journal or Duty Officer’s Log is a worksheet that lists basic information needed for a “Dust off” Request.  This worksheet also shows that the applicant had fragment wounds in his right lower leg.   

10.  The applicant also submitted a copy of Final Diagnostic Imaging Report, dated 27 October 2006, which shows that the applicant “had shrapnel in his right knee from approximately 39 years ago.”
11.  Army Regulation 600-8-22 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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

DISCUSSION AND CONCLUSIONS:

The applicant’s newly submitted evidence of the Daily Staff Journal or Duty Officer’s Log, shows that an aero medical evacuation, also known as “Dust Off,” was requested on 22 February 1969.  This entry "WHA" on the journal clearly indicates that the applicant was wounded as a result of hostile action.  The journal also shows that the applicant was the Soldier for whom the "Dust Off" was requested and mentions "frag[mentation] wounds.”  Therefore, there is sufficient evidence available to award the applicant the Purple Heart and correct his records to show this award.

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 amendment of the ABCMR’s decision in Docket Number AR20060011991, dated 24 April 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
	a.  awarding the applicant the Purple Heart for wounds received in action on 22 February 1969, in the Republic of Vietnam; and

	b.  showing award of the Purple Heart on his DD Form 214, dated 23 June 1970.



							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)                                         AR20080009122



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ABCMR Record of Proceedings (cont)                                         AR20080009122



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