IN THE CASE OF:	  

		BOARD DATE:	       30 JUNE 2009

		DOCKET NUMBER:  AR20090003649 


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 two Purple Hearts.  

2.  The applicant states he suffered an enemy bullet wound to his head on
24 July 1970 and a shrapnel wound to his neck and shoulder on 24 September 1970 during his service in the Republic of Vietnam. 

3.  The applicant provides two self-authored statements, dated 20 January 2008; two undated statements from a former unit member; a picture of his head wound; a map of the location of the firefight; a copy of Special Orders Number 19, issued by Headquarters, Americal Division, on 2 June 1970, showing award of the Combat Infantryman Badge; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 February 1992; and copies of Company A, 1st Battalion, 20th Infantry, Daily Operations Reports, dated 24 July 1970 and 24 September 1970, in 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 AC98-08784, on
9 December 1998.


2.  The applicant submitted two self-authored statements; two statements from a former unit member; a picture of his head wound; a map of the location of the firefight; and copies of Company A, 1st Battalion, 20th Infantry, Daily Operations Reports, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's records show he enlisted in the Regular Army (RA) for a period of 2 years on 1 October 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He attained the rank/grade of specialist four (SP4)/E-4 and was honorably released from active duty on 2 September 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  The applicant’s records further show he served in the Republic of Vietnam from 15 March 1970 to 18 February 1971.  He was assigned to Company A, 1st Battalion, 20th Infantry, Americal Division.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Purple Heart.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) is not available for review with this case.

7.  The applicant's name is shown on the Vietnam Casualty Roster (which was not available at the time this case was originally considered) as having been wounded on 24 July 1970, under code 26 (hostile wounded in action- hospitalized) and on 24 September 1970, under code 25 (hostile wounded in action-not hospitalized).

8.  There are no general orders in the applicant's records that show he was awarded the Purple Heart.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  The applicant provided two self-authored statements and two witness letters pertaining to each incident as follows:

	a.  in his self-authored statement, dated 20 January 2008, the applicant describes the details of the combat mission during which he was wounded.  He states that he was wounded in the head by enemy fire during a combat mission on 24 July 1970 that involved him as an assistant gunner;

	b.  in his second self-authored statement, also dated 20 January 2008, the applicant describes the details of the second battle during which he was wounded.  He states that he was wounded in the right shoulder collarbone from grenade shrapnel and his left arm on 24 September 1970; and 

	c.  in two undated statements, the applicant's comrade in arms and former unit member and machine gunner also describes in vivid details the events that occurred on 24 July 1970 and 24 September 1970 and confirms the applicant's injuries on both dates.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded two awards of the Purple Heart for injuries sustained on 24 July 1970 and 24 September 1970. 

2.  The applicant's name is shown on the Vietnam Casualty Roster as having been twice wounded in action, on 24 July 1970 and on 24 September 1970.  His injuries are further confirmed by his detailed description of events that occurred on both days and the witness statements he submitted.  Therefore, there is sufficient evidence to grant the applicant two awards of the Purple Heart and to correct his records to show these awards.

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 AC98-08784, dated 
9 December 1998.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant two awards of the Purple Heart for wounds received in action on 24 July 1970 and on 24 September 1970 and correcting his records to show theses awards.



      _______ _   _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)                                         AR20090003649



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ABCMR Record of Proceedings (cont)                                         AR20090003649



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