IN THE CASE OF:	  

		BOARD DATE:	  17 June 2010

		DOCKET NUMBER:  AR20090020265 


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 application for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show award of the Purple Heart and Silver Star.

2.  The applicant states:

	a.  in his previous request, he sent a copy of a health record showing injuries suffered on 21 March 1968;

	b.  his record of assignments does not show where he actually served;

	c.  he never served with an American unit [in Vietnam] as his assignment was in the lower end of the Mekong Delta;

	d.  he only had one American officer with him; and

	e.  the newspaper articles [submitted with his previous application] were sent to his hometown newspaper by the military and a photograph [published with one of the newspaper articles] shows him standing by a jeep with a Vietnamese soldier.

3.  The applicant provides a copy of a decision letter from the U.S. Army Human Resources Command, Combat-Related Special Compensation Division (CRSC), Alexandria, VA.

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 AR20090001996, on 25 June 2009.

2.  The applicant requested award of the Silver Star which was previously considered by this Board.  However, he provides no new evidence pertaining to his request for award of the Silver Star.  In the absence of evidence not previously considered there is no basis for reconsideration of this portion of his request.  Therefore, this portion of the applicant's request will not be further discussed in these Proceedings.

3.  As previously advised, this in no way affects the applicant’s right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, Section 1130.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

4.  In support of his request for reconsideration of the Purple Heart, the applicant submitted a copy of a decision letter from CRSC which was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and as such warrants consideration by the Board.

5.  The applicant’s records show he enlisted in the Regular Army on 16 April 1957.  He served in the Republic of Vietnam (RVN) from 28 February 1968 to
21 February 1969.  On 4 December 1972, he was medically retired after completing 15 years, 7 months, and 14 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.
6.  The letter from CRSC provided by the applicant shows he was awarded "Purple Heart-Related Disability" for scars to his left hip.

7.  In the processing of this case, the Branch Chief, CRSC, provided a copy of the applicant's CRSC file.  The file includes a copy of a Standard Form (SF) 600 (Chronological Record of Medical Care), which appears to be highlighted, showing that on 21 March 1968, the applicant received medical treatment for "shrapnel wounds suffered while on patrol with adv[isory] team 11 and 42nd Rangers - wounds inflicted by Viet Cong – 60 sutures and hospitalization.  Sent to Saigon for further treatment."  This entry was made by D------ G---, CPT, MD.

8.  The applicant's military service records do not contain general orders awarding him the Purple Heart and the applicant's name is not listed on the Vietnam Casualty Roster.

9.  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 the Purple Heart pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, and the medical treatment must have been made a matter of official record.  Announcement in orders is required.

11.  Review of the applicant's records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)

13.  Department of the Army General Orders Number 8, dated 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his previous application for correction of his DD Form 214 to show award of the Purple Heart was carefully considered and found to be supported by the evidence.

2.  Although the applicant's service record is void of orders awarding him the Purple Heart, an SF 600 provided by CRSC shows he received medical treatment for shrapnel wounds incurred as a result of hostile action on 21 March 1968.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 record to show this award.

3.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in four campaigns while serving in the RVN.  Therefore, he is entitled to award of four bronze service stars for wear on the already-awarded Vietnam Service Medal.

4.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit 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 ABCMR’s decision in Docket Number AR20090001996, dated 25 June 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the Purple Heart for wounds received in action on 21 March 1968; and

   c.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with 4 bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20090020265



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ABCMR Record of Proceedings (cont)                                         AR20090020265



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