IN THE CASE OF:
BOARD DATE: 27 October 2009
DOCKET NUMBER: AR20090009988
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 defers his request to counsel.
2. The applicant defers his statement to counsel.
3. The applicant provides additional documentary evidence through counsel.
COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:
1. Counsel requests reconsideration of the applicants earlier request for award of the Purple Heart.
2. Counsel states that the applicant was wounded by hostile small arms fire on 15 March 1971 in the Republic of Vietnam.
3. Counsel provides a copy of the applicants DA Form 3647 (Clinical Record Cover Sheet), dated 5 May 1971; copies of the applicants Standard Forms (SF) 502 (Clinical Record-Narrative Summary), dated 17 and 29 April 1971; and a copy of the applicants SF 600 (Chronological Record of Medical Care), dated 10 May 1971, in support of the applicants 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 AR20060005677, on 11 October 2006.
2. Counsel submitted, on behalf of the applicant, a copy of the applicants DA Form 3647, dated 5 May 1971; copies of the applicants SF 502 dated 17 and
29 April 1971; and a copy of the applicants SF 600 dated 10 May 1971, 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 was inducted into the Army of the United States and he entered active service on 19 May 1970. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 12B (Pioneer). He was honorably released from active duty on 30 November 1971 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.
4. The applicant's records show that he served in the Republic of Vietnam from on or about 14 December 1970 to on or about 29 November 1971. He was assigned to Company A, 299th Engineer Battalion from on or about 26 August 1971 to on or about 16 November 1971 and Company C, 84th Engineer Battalion from on or about 17 November 1971 to on or about 29 November 1971.
5. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Badge (M-16), Marksman Marksmanship Qualification Badge with Rifle Badge (M-14), Vietnam Campaign Medal, Vietnam Service Medal, and two overseas service bars. Item 24 does not show award of the Purple Heart.
6. On 11 May 2007, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars affixed to his already-awarded Vietnam Service Medal.
7. The applicant submitted the following medical documents in support of his combat injury:
a. DA Form 3647-1, dated 5 May 1971, shows the applicant was wounded in action by hostile small arms fire on 15 March 1971 in Pleiku, Republic of Vietnam. He was initially admitted to the 67th Evacuation Hospital and treated for an open wound to his right buttocks. This form also shows he was not issued the Purple Heart.
b. SF 502, dated 17 April 1971, shows the applicant sustained a gunshot wound to the right buttock on 15 March 1971.
c. SF 600, dated 5 May 1971, shows the applicant suffered a gunshot wound to the right buttocks.
d. SF 502, dated 17 April 1971, shows the applicants gunshot wound to his right buttocks was healing.
8. 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:
The evidence of records shows the applicant was wounded in action by hostile small arms fire on 15 March 1971 in Pleiku in the Republic of Vietnam. He was initially admitted to the 67th Evacuation Hospital and he was treated for an open wound to his right buttocks. Therefore, the applicant is entitled to award of the Purple Heart and correction of his records to show 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 ABCMRs decision in Docket Number AR20060005677, dated 11 October 2006. 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 on 15 March 1971 in the Republic of Vietnam and adding this award to item 24 of his 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) AR20090009988
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ABCMR Record of Proceedings (cont) AR20090009988
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