IN THE CASE OF:
BOARD DATE: 06 April 2010
DOCKET NUMBER: AR20090016766
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 award of the Purple Heart.
2. The applicant states, in effect, that the Purple Heart was awarded to him in 1970 while he was a patient at Martin Army Hospital, Fort Benning, GA. The certificate and orders were lost during a move.
3. The applicant provides the following:
* a copy of his DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge)
* a Standard Form (SF) Form 502 (Clinical Report/Narrative Summary)
* a copy of his Army Combat-Related Special Compensation Decision Letter
CONSIDERATION OF EVIDENCE:
1. After having had prior service, the applicant enlisted in the Regular Army on 19 March 1962. He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
2. A DA Form 20, item 31 (Foreign Service), contains the following:
* Republic of Vietnam (RVN) 30 May 1968 through 28 May 1969
* RVN 16 October 1970 through 4 March 1971
3. His DA Form 20, Item 38 (Record of Assignments), shows:
* 8 February 1968 assigned to Company E, 2nd Battalion, 1st Cavalry Division, performing duties in MOS 11B
* 13 February 1971, assigned to the United States Army Hospital, Camp Zama as a patient
4. The applicant's Form DD 214 for the period ending 8 March 1972 shows the following awards:
* Parachutist Badge
* National Defense Service Medal
* Good Conduct Medal (3rd award)
* Republic of Vietnam Service Medal
* Overseas Bars (2nd award)
* Vietnam Campaign Medal with device (1960)
* Bronze Star Medal
* Air Medal
* Combat Infantryman Badge
* Army Commendation Medal with "V" device
5. The applicant is listed on the Vietnam Casualty Roster as wounded by hostile action on 9 February 1971. Medical records show he sustained an injury to his right shoulder on 9 February 1971.
6. The applicant's DA Form 20 shows:
* Item 40 (Wounds) he received a fragment wound to the posterior aspect of the right shoulder on 9 February 1971
* Item 41 (Awards and Decorations) does not include the Purple Heart
7. Chapter 9 of Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated that a brief description of wounds or injuries requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be placed in item 40.
8. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
9. Department of the Army General Orders (DAGO) 8, 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in the RVN to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
10. Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards and campaign periods for the Vietnam era. Five designated campaigns coincide with the applicant's periods of service in the RVN: the Vietnam Counteroffensive Phase(s) IV, V, VI, VII. and TET Counteroffensive.
11. Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. It also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.
12. Army Pamphlet 672-3 shows the 2nd Battalion, 8th Cavalry received the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970, on DAGO 42.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his record be corrected by awarding him the Purple Heart is supported by the evidence.
2. Evidence shows the applicant suffered a fragment wound to the posterior aspect of the right shoulder as a result of hostile actions. Further evidence shows the applicant was treated by the appropriate medical personnel for his wounds. Therefore, there is sufficient evidence to show he is entitled to award of the Purple Heart and correction of his records to show this award.
3. General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his records. He is entitled to correction of his records to show this unit award.
4. He is entitled to award of one silver service star for wear on the Vietnam Service Medal.
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 him the Purple Heart for injuries received on 9 February 1971,
b. deleting the Vietnam Service Medal from his DD Form 214, and
c. adding the following to his DD Form 214:
* Purple Heart
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation
_______ _ 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) AR20090016766
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ABCMR Record of Proceedings (cont) AR20090016766
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