IN THE CASE OF:	  

		BOARD DATE:	        04 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013019 


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 request for award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in Vietnam on 7 November 1967 and was not awarded the Purple Heart for that wound.  He goes on to state that he was in fact treated and sent back to fight; however, it appears that his treatment was not made a matter of record.  He further states that he did not think anything about the Purple Heart until he was contacted by his platoon sergeant's daughter in 2005 and she informed him as to the whereabouts of her father, his former platoon sergeant.  When he spoke to his former platoon sergeant, whom he had thought to be killed in action, his platoon sergeant asked him if he had received his Purple Heart for his wound on 7 November 1967.  He continues by stating that he told him that he had not been awarded the Purple Heart and his platoon sergeant told him that he would provide a statement and that he (the applicant) should try and obtain witness statements.  He also states that he contacted a former platoon member who also gave him a statement attesting to the fact that he had been wounded and treated for his wound.  Additionally, he states that many times during the confusion of battle, the medical treatment of wounds is not made a matter of record and individuals are patched up and returned to the fight.  Accordingly, he should be awarded the Purple Heart for his wounds of 7 November 1967.

3.  The applicant provides a two-page statement of his application, copies of statements from his platoon sergeant and a fellow member of his unit, a copy of his award of the Bronze Star Medal with "V" Device for heroism on 7 November 1967, and a copy of his previous Record of Proceedings.

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 AR20070006233 on 11 September 2007.

2.  The applicant was transferred to Vietnam on 30 June 1967 for assignment to Company D, 1st Battalion, 26th Infantry Regiment, 1st Infantry Division as a light weapons infantryman.  He was awarded the Combat Infantryman Badge on 24 August 1967, along with the individual who has provided a witness statement to the applicant.

3.  He was advanced to the pay grade of E-4 (SP4) on 22 September 1967 and on 31 January 1968, he was promoted to the rank of sergeant.

4.  On 28 February 1968, the applicant was awarded the Bronze Star Medal with "V" Device for heroism on 7 November 1967, the date he claims he was wounded. 

5.  On 24 June 1968, he was awarded the Silver Star for gallantry in action on 18 March 1968.

6.  He departed Vietnam on 29 June 1968 and was transferred to Fort Benning, Georgia.

7.  On 19 November 1968, he underwent a separation medical/physical examination in which the examining physician noted that in addition to the applicant having malaria, he had a 4" irregular scar wound on his back and a 3" linear scar to his right posterior shoulder.

8.  On 6 December 1968, the applicant was honorably released from active duty at Schofield Barracks, Hawaii.  He had served 2 years of total active service.

9.  A review of the Vietnam Casualty Listing failed to show that the applicant was reported as a casualty.  Additionally, his records fail to indicate any wounds received in action against the enemy.

10.  The statement from his platoon sergeant indicates that on 7 November 1967, while serving as a platoon sergeant with D Company, 1st Battalion, 26th Infantry Regiment, his unit came under enemy fire and he was 20 feet behind the applicant when the applicant yelled and jumped up saying he was hit.  He also states that he could see that he was hit in the back, that he was bleeding and there was a hole in his shirt.  He named the medic who treated the applicant and stated that he was surprised to hear that he had not been awarded the Purple Heart.

11.  The statement provided by the fellow member of his unit indicates that they were on a search and destroy mission on 7 November 1967 when they were ambushed by enemy troops.  He further states that another member of the unit was wounded and the applicant went to get the medic.  He continues by stating that at the time he did not know that the applicant had been hit by shrapnel. However, after they had arrived at Lai Kay to regroup, the applicant arrived after having been treated for his wound and showed him the wound, which was about 3" long and 1 1/2" wide.  It was not completely healed and was red and swollen.  He also states that he was surprised to learn that he had not received the Purple Heart since he had been decorated with the Bronze Star Medal with "V" Device for that action.

12.  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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

13.  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:

1.  Although there is no evidence in the available records that documents the treatment of the applicant's wounds on 7 November 1967, the fact that the applicant claims he was wounded on the same date for which he was awarded 
the Bronze Star Medal with "V" Device and his claim is supported by two eye witness statements who both claim that he was wounded and treated is very convincing evidence to support his argument.

2.  The most convincing evidence lies in the fact that only the fellow member (vice the applicant and the platoon sergeant) make mention of the fact that he witnessed the applicant's wound after he had been treated and returned to his unit and recalled that it was a 3" long wound, which coincides with the entry on his separation physical, indicating a 3" scar on his right posterior shoulder.  This is information that the individual in all likelihood would not have known had he not actually seen it.

3.  While the criteria for award of the Purple Heart is very clear, in that the treatment of wounds must be made a matter of record, the applicant's medical records are not available for review by the Board.  Therefore, in the absence of such evidence, which in this case is through no fault of the applicant, the applicant must be given every benefit of doubt that may exist in this case.

4.  The fact that the examining physician noted the scars on his back during his separation physical examination, coupled with the applicant's and two witness statements to corroborate his being wounded on 7 November 1967, is sufficient to determine that it would be in the interest of equity and justice to award him the Purple Heart at this time.  

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20070006233, dated 11 September 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received in action against the enemy in Vietnam on 7 November 1967, while serving in the rank of SP4.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________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)                                         AR20080013019



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ABCMR Record of Proceedings (cont)                                         AR20080013019



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