IN THE CASE OF:	  

		BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090012881 


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 previous request for award of the Purple Heart.

2.  The applicant states that he served two combat tours in Vietnam and that he was wounded in action while he was in Vietnam.  He states that he is entitled to the Purple Heart and that his records should be corrected to reflect this entitlement.

3.  The applicant provides copies of Clinical Record Cover Sheets dated 23 August 1965 and a Clinical Record Narrative Summary dictated on 23 August 1965.

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 AR20080018419 on 23 June 2009.

2.  After completing 1 year, 1 month, and 22 days of prior active service in the Regular Army (RA), the applicant reenlisted in the RA on 3 April 1964.  He arrived in Vietnam on 6 May 1965.



3.  The applicant returned to the Continental United States on 29 December 1965.  He was released from active duty (REFRAD) on 29 May 1968, under the provisions of Army Regulation 635-200 and he was transferred to the United States Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.  He was furnished a discharge under honorable conditions (general).

4.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Parachutist Badge, and the Combat Infantryman Badge.

5.  His DA Form 20 (Enlisted Qualification Record) shows that he was awarded the Parachutist Badge, the Combat Infantryman Badge, the Vietnam Service Medal, and the Expert Marksmanship Qualification Badge w/Rifle Bar.

6.  A search of the Vietnam Casualty Roster did not reveal the applicant's name. However, the Clinical Record Cover Sheets and the Clinical Record Narrative Summary that the applicant submitted show that he was hospitalized for approximately 16 days after sustaining a missile fragment wound on 31 July 1965, which penetrated his left buttock through and through.  The medical documentation shows that his wound was sustained as a result of hostile action and that it was incurred in the line of duty.

7.  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.

8.  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.

9.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defense Campaign and the Vietnam Counteroffensive Campaign during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of Presidential Unit Citation for the period 8 November 1965, by Department of the Army General Order (DAGO) Number 40 dated 1966; the Meritorious Unit Commendation for the period 5 May 1965 through 4 May 1967, by DAGO Number 48 dated 1968; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by DAGO Number 51 dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.

2.  His contentions have been noted and the medical documentation that he submitted in support of his application substantiates his contentions that he is entitled to award of the Purple Heart.  The medical documentation was hospitalized for 16 days after sustaining a missile fragment wound on 31 July 1965, which penetrated his left buttock through and through.  The medical 

documentation shows that his wound was sustained as a result of hostile action and that it was incurred in the line of duty.  The evidence of record suggests that it would be appropriate to award the applicant the Purple Heart and to amend his records accordingly.

3.  According to Department of the Army Pamphlet 672-3, the unit to which the applicant was assigned was awarded the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DA Form 20 shows that he was awarded the Expert Marksmanship Qualification Badge w/Rifle Bar.  These awards should be included on his DD Form 214.

4.  Additionally, the applicant participated in two campaigns while he was in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his already-awarded Vietnam Service Medal.

5.  In view of the foregoing, it would now be appropriate to correct the applicant’s records as recommended below.


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 AR20080018419, dated 23 June 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart for wounds received as a result of hostile action on 31 July 1965, while he was in Vietnam serving in the rank of private first class (E-3); and 

	b.  amending his DD Form 214 to add the Purple Heart, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge, and two bronze service stars to be worn on his already-awarded Vietnam Service Medal.



      _______ _   _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)                                         AR20090012881



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ABCMR Record of Proceedings (cont)                                         AR20090012881



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