IN THE CASE OF:	  

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090018905 


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 the Board's denial of his previous request for correction of his records to show award of the Purple Heart.  As a new issue, he also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the "V" device on his already listed Army Commendation Medal.

2.  The applicant states, in effect, that he has provided statements verifying a witness in this case was a medic as indicated in the previous proceedings when he indicated he was wounded in action on 5 May 1968 when a tree trunk hit his left shoulder.  He also states his DD Form 214 should reflect the Army Commendation Medal with "V" device.

3.  The applicant provides three additional statements.

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 AR20090004640, on 16 July 2009.

2.  The additional statements provided by the applicant are new evidence, which require that the Board reconsider his request.

3.  The applicant's military records show that he enlisted in the Regular Army on 16 January 1967.  He was awarded the military occupational specialty of light weapons infantryman.  The highest rank/grade he held was sergeant/E-5.

4.  The applicant was assigned to the Republic of Vietnam (RVN) and served there during the period 16 July 1967 through 12 July 1968.  While in the RVN, he was assigned to Company C, 2nd Battalion (Airborne), 327th Infantry Regiment of the 101st Airborne Division.

5.  The applicant was honorably released from active duty on 23 December 1969, in accordance with the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), Chapter 5, for the convenience of the Government - early release to attend school.  His DD Form 214 shows he completed 2 years, 11 months, and 8 days active service with no time lost.

6.  The applicant submitted a sworn statement from an individual whose records show was reassigned from Company C, 2nd Battalion, 327th Infantry to Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry, effective 26 April 1968 as a medic.

	a.  The medic claims he treated the applicant after he was allegedly wounded in action on 5 May 1968.  He states that in his "combat medic opinion" a shrapnel from one of the mortar rounds had struck the applicant in his lower left trapezius and bounced off the left scapula leaving about a two or three-inch long gash.

	b.  The medic claims he provided the applicant medical treatment; however, by his own admission, did not make the treatment a matter of record because he was out of forms.

	c.  The medic further claims to have provided the applicant continuing medical treatment for three or four days after he was wounded in action; however, it appears this treatment was also not recorded as required and as evidenced by the nonavailability of any treatment records.

7.  The applicant's name does not appear on the Vietnam Casualty Roster. 

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.  It does not show that he sustained a wound as a result of hostile action.



9.  There is no evidence the applicant was ever recommended for or awarded the Purple Heart by proper authority.

10.  A 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 award of the Purple Heart to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of enemy action.  Substantiating evidence must be provided to verify that the wound was the result of hostile enemy action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

12.  The applicant's Official Military Personnel File contains General Orders Number 7010, dated 10 October 1968, awarding him the Army Commendation Medal with "V" device for heroism in the RVN on 11 November 1967.

13.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the RVN.  The unit to which the applicant was assigned while serving in the RVN was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders (DAGO) 48, dated 1971.

15.  Department of the Army General Orders Number 8, 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters,        U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  Appendix B, Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), Tet 


Counteroffensive (30 January - 1 April 1968), Vietnam Counteroffensive Phase IV (2 April - 30 June 1968), and Vietnam Counteroffensive Phase V (1 July - 1 November 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  New evidence verifies the applicant's witness was a medic in the same battalion as he was at the time of the alleged injury.  However, records show the medic witness was reassigned to Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry, as a medic prior to the alleged injury to the applicant.  Even if the medic was with the applicant's unit on the date of the alleged injury, the fact remains that there is insufficient corroborating evidence to show the individual was on duty in the field on that date and that he did provide the medical treatment. 

2.  The applicant's name does not appear on the Vietnam Casualty Roster.  There are no entries in the applicant's service personnel records to show he was wounded as a result of hostile action, treated by medical personnel for such a wound, or that medical treatment of such a wound was made a matter of official record.  Consequently no orders were published awarding him the Purple Heart.

3.  Based on the lack of corroborating documentary evidence in this case, there is no evidentiary basis for awarding the applicant the Purple Heart or to have it added to his DD Form 214.

4.  General orders show the applicant was awarded the Army Commendation Medal with "V" Device.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

5.  General orders awarded the applicant's unit the RVN Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214.  Later, all units in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  Records show the applicant was awarded the Vietnam Service Medal and that he participated in four campaigns while serving in the RVN.  Therefore, he is entitled to award of the Vietnam Service Medal with four bronze service stars.

7.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to the applicant's new issue, 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.  deleting the Army Commendation Medal and Vietnam Service Medal from item 24 of his DD Form 214; and

	b.  adding to item 24 of his DD Form 214 the Army Commendation Medal with "V" device, the Vietnam Service Medal with four bronze service stars, the RVN Civil Actions Honor Medal First Class Unit Citation; and the RVN Gallantry Cross with Palm Unit Citation.

2.  In regard to the applicant's request for reconsideration for award of the Purple Heart, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of the case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090004640, dated 16 July 2009.




      _______ _   _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)                                         AR20090018905



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ABCMR Record of Proceedings (cont)                                         AR20090018905



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