IN THE CASE OF:	  

		BOARD DATE:	  	  18 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080013960 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Purple Heart.

2.  The applicant states that the Purple Heart is not annotated on any documents other than his award certificate.

3.  The applicant provides copies of his DD Form 214, Purple Heart award certificate, Bronze Star Medal with “V” Device award certificate, and discharge certificate in support of his application.

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 AR20080005727 on 28 August 2008.

2.  The applicant’s complete military service records were not available for review; however, there were sufficient documents available to conduct a fair and impartial review of this case.

3.  The applicant’s DD Form 214 shows that he was inducted into the Army of the United States and entered active duty on 11 July 1967.  He completed basic training and advanced individual training and was awarded the military occupational specialty 91B (Medical Specialist).

4.  The applicant’s DD Form 214 shows that he served a tour of duty in the Republic of Vietnam for a period of 1 year of foreign service.

5.  The Vietnam Casualty Reference Name Listing shows that the applicant was wounded in action resulting from hostile action on 27 August 1968.

6.  Headquarters, II Field Force Vietnam, General Orders 1648 awarded the applicant the Bronze Star Medal with “V” Device was awarded for heroism in ground combat in the Republic of Vietnam on 17 September 1968.

7.  The applicant's DD Form 214 shows that he was honorably separated from active duty at the expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Annual Training) 10 July 1969.  His DD Form 214 shows that he served a total of 2 years of creditable active military service during this period.  The highest rank he achieved was specialist five (temporary)/pay grade E-5.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the Bronze Star Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960-), and the Combat Medical Badge.  Item 24 does not show award of the Purple Heart.

9.  The Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, does not contain any orders on file awarding the applicant the Purple Heart.

10.  Department of the Army General Orders 8 dated 1974 authorized award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the Headquarters, United States Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  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 by medical personnel, and the medical treatment must have been made a matter of official record.  The Purple Heart differs from all other decorations in that an individual is not “recommended” for the decoration; rather he or she is entitled to it upon meeting specific criteria.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and concussion injuries caused as a result of enemy-generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that his DD Form 214 be corrected to reflect award of the Purple Heart was carefully considered and determined to have merit.

2.  The Vietnam Casualty Reference Name Listing shows that the applicant was wounded in action resulting from hostile action on 27 August 1968.  Therefore, there is sufficient evidence upon which to base award of the Purple Heart.

3.  General Orders 1648 awarded the applicant the Bronze Star Medal with “V” Device.  Therefore, he is entitled to correction of his records to reflect this award.

4.  A review of the applicant’s available military service records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

5.  General Orders 8 authorized award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the Headquarters, United States Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.  Therefore, he is entitled to correction of his records to reflect this award.

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 AR20080005727 dated 28 August 2008.  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;

	b.  adding the "V" Device to his previously awarded Bronze Star Medal; and

	c.  amending his DD Form 214 to add the Purple Heart, Bronze Star Medal with "V" Device, and Republic of Vietnam Gallantry Cross Unit Citation with Palm.



      ___________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)                                         AR20080013960





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ABCMR Record of Proceedings (cont)                                         AR20080013960



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