IN THE CASE OF:	

		BOARD DATE:	  18 February 2010

		DOCKET NUMBER:  AR20090013540 


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 of his request for award of the Purple Heart (PH).

2.  The applicant states, in effect, he was wounded by the Viet Cong while serving in the Republic of Vietnam (RVN) in May 1969.  He also indicates that he was treated for shell fragment wounds to his right arm, right leg, and chest in Japan before being transferred to a hospital at Fort Bragg, North Carolina.

3.  The applicant provides the following documents in support of his request:  Department of Veterans Affairs (VA) letter, a unit history document extract, a DA Form 3349 (Medical Condition-Physical Profile Record), and a VA rating decision.

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 AR2008001880 on 29 January 2009.

2.  The applicant submits a VA letter dated 27 August 2008 and unit history document extract, which confirm he was assigned to the 196th Infantry Brigade while serving in the RVN and that this unit participated in combat against an enemy force in the RVN.  Additionally, he submits a DA Form 3349 (also on file in his record), which confirms he received medical treatment for metal fragment wounds to his right arm, right leg, and chest while hospitalized at Womack Army Hospital, Fort Bragg from 25 May to 26 June 1969.

3.  During the original review of the applicant's case, the Board determined that the regulatory burden of proof necessary to support award of the PH had not been met because there was no evidence of record confirming the applicant was wounded in action, or that he was treated for a combat related wound by military medical personnel.

4.  The applicant’s military record shows he was inducted into the Army of the United States and entered active duty on 31 January 1968.  He was trained in, awarded, and served in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 8 July 1968 to 12 May 1969 and he was assigned to Company B, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade.  Item 38 (Record of Assignments) shows that during his tour in the RVN he was assigned to the Medical Holding Company, 249th General Hospital, Japan, in a patient status from 17 May 1969 through 24 May 1969, at which time he was reassigned to the Army Hospital at Fort Bragg in a patient status.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains Headquarters, 95th Evacuation Hospital General Orders Number 101, dated 13 May 1969, which awarded the applicant the PH for wounds received in action on 12 May 1969 while in the RVN.  It also confirms the PH medal was not issued at that installation.  The MPRJ also contains Headquarters, Americal Division Special Orders Number 296, dated 22 October 1968, which awarded the applicant the Combat Infantryman Badge (CIB); and Americal Division General Orders Number 4940, dated 16 June 1969, which awarded the applicant the Army Commendation Medal (ARCOM) for his meritorious service in the RVN from July 1968 to July 1969.  

7.  On 30 January 1970, the applicant was honorably released from active duty after completing 2 years of active duty service.  The DD Form 214 issued to him at that time shows, in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), that he earned the following awards during his active duty tenure:  National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, RVN Campaign Medal (RVNCM) with Device 1960, and Marksman Marksmanship Qualification Badge with Rifle Bar.  


8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-13 contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized for each campaign a member is credited with participating in while serving in the RVN.  

9.  Table B-1 of the above awards regulation contains a list of campaigns and shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and TET 69 Counteroffensive campaigns.

10.  Department of the Army General Orders Number 8, dated in 1974, authorized award of the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the PH for being wounded in action in the RVN was carefully considered and found to have merit. The evidence of record confirms the applicant received and was treated for metal fragment wounds to his right arm, right leg, and chest while serving in the RVN, this led to his medical evacuation to Japan and ultimately to Fort Bragg.  There are also orders available that were issued by the 95th Evacuation Hospital, which awarded him the PH for being wounded in action on 12 May 1969.  Therefore, it would be appropriate to add the PH to his DD Form 214. 

2.  The applicant's record also contains orders issued by the Americal Division, which awarded the applicant the CIB and the ARCOM for his meritorious service in the RVN.  Therefore, it would also be appropriate to add these awards to his DD Form 214. 

3.  The evidence of record also confirms that based on the applicant’s RVN service and campaign participation, he is eligible for the RVNGC with Palm Unit Citation and 3 bronze service stars to be worn with his VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214 at this time.








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 AR20080018800 dated 29 January 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by deleting the Vietnam Service Medal with 2 bronze service stars and adding the Purple Heart, Army Commendation Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with 3 bronze service stars; and by issuing a correction to the DD Form 214 that reflects these changes.  




      _______ _ 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)                                         AR20090013540



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ABCMR Record of Proceedings (cont)                                         AR20090013540



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