IN THE CASE OF:	

		BOARD DATE:	  18 December 2008

		DOCKET NUMBER:  AR20080014545


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 for award of the Purple Heart.

2.  The applicant requested, in an inquiry that was submitted to the Board through his Member of Congress (MOC), in effect, that the Board review and reconsider his request for award of the Purple Heart based on additional documentation submitted.

3.  In support of the applicant’s request for reconsideration the MOC submitted a letter from the applicant requesting his assistance; a letter of appeal from the applicant to the ABCMR; and a letter and DD Form 214 from the applicant’s former company commander while he was stationed in Vietnam.

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 AR20060011193, on 13 March 2007.

2.  The applicant served in Vietnam from on or about 29 May 1968 to on or about 
25 October 1968.

3.  The applicant submitted a letter of support he received from his former commander to his MOC.  In this letter, the applicant’s former commander stated that the applicant was assigned to the 801st Maintenance Battalion, in the Republic of Vietnam, Binh Hoa Province, when the applicant was injured and medically evacuated.  The commander stated that the applicant received severe damage to his hearing which was caused by a major explosion caused by an enemy attack.  He also stated that the failure to award the Purple Heart was an administrative oversight that must now be corrected.

4.  The previous record of proceedings noted an explosion at the Bien Hoa ammunition dump previous to the applicant’s arrival.

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

6.  The previously submitted Standard Form (SF) 502 (Clinical Record - Narrative Summary) from the 249th General Hospital, Camp Zama, Japan, dated
4 September 1968, which was signed by a Medical Corps major shows that the applicant was admitted to the 24th Evacuation Hospital in Vietnam on 27 August 1968.

7.  The narrative summary shows the applicant’s chief complaint was “chronic hearing loss,” which he had since 1964 but that it had never bothered him to any extent.  The attending physician then noted that the applicant had received a permanent H-3 profile because of a severe sensori-neural hearing loss which he [the doctor] attributed to a mortar attack which struck an ammunition dump in his area approximately a week before he was seen and treated.  The narrative also states that the blast exacerbated the already present hearing loss.  The applicant was medically evacuated to Madigan Army Medical Center, Tacoma, Washington.

8.  On an unspecified date, an SF 502 was prepared for his appearance before a Physical Evaluation Board.  This record states that the applicant had a high and middle tone hearing loss in the 60 to 70 decibel range exacerbated by blast in a mortar attack that struck an ammunition dump in his area and the resulting blast exacerbated the already present hearing lost.  This injury which occurred in the Republic of Vietnam was previously documented.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, the 801st Maintenance Battalion, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 18 March 1968 through 2 May 1970, by DAGO 48, dated 1971.  The applicant's unit, a subordinate unit of the United States Army Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 
20 July 1965 to 28 March 1973, in DAGO Number 8, dated 1974.  The applicant is entitled to these unit awards which are not shown on his DD Form 214.

11.  Army Regulation 15-185 (Army Board for the Correction of Military Records) provides the policy, criteria, and administrative instructions regarding an applicant's request for the correction of a military record.  The ABCMR considers individual applications that are properly brought before it.  The ABCMR will decide cases on the evidence of record.  It is not an investigative body.  It is against Board policy to discuss and to formulate a conclusion on information that has not been introduced as evidence.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded or injured as 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.

2.  The company commanders statement verifies that the applicant was present and injured during an enemy attack of the Bien Hoa ammunition depot.  This major explosion was approximately 1/2 mile from their position and the concussion from the blast caused major damage to their facilities and broke windows 15 miles away.  This would verify a subsequent explosion as refered to in the previous Board decision and supported by the applicant’s medical records.

3.  Although the applicant’s name does not appear on the Vietnam Casualty Roster, there is sufficient documentary evidence in this case to show the applicant sustained injury to his ears and a loss of hearing as a result of hostile action.  The evidence shows that even though the applicant had a chronic hearing loss, the attack on the ammunition dump and the subsequent explosions directly affected his ears and his hearing.  He was provided medical treatment and was medically evacuated from Vietnam as a result of his injury and hearing loss.  

4.  Based on the evidence in this case, the applicant is entitled to award of the Purple Heart and to have it added to his DD Form 214.

5.  The applicant’s unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was a member of the unit.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214.

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 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 the applicant the Purple Heart for injuries received as a result of hostile action in August 1968; and

   b.  adding the Purple Heart, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant’s DD Form 214. 



      ____________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)                                         AR20080014545



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ABCMR Record of Proceedings (cont)                                         AR20080014545



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