IN THE CASE OF:	  

		BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090020429 


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 earlier request for award of the Oak Leaf Cluster for his already-awarded Purple Heart.

2.  The applicant states he was wounded twice in Vietnam, the second wounding occurring when he was assigned to Headquarters and Headquarters Company (HHC), 25th Infantry Division.

3.  The applicant provides copies of:

	a.  a Standard Form (SF) 600 (Chronological Record of Medical Care) with entries dated 13 November 1969, 11 December 1969, and 12 December 1969;

	b.  an SF 519A (Radiographic Report), dated 11 December 1969, showing that an x-ray was taken of the applicant's lower right back which confirmed a "frag[ment] on r[ight] side"; and

	c.  a DD Form 1380 (US Field Medical Card), undated, showing a sterile dressing was applied to a fragment wound in the applicant's lower back.

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 AC87-00350, on 2 March 1988.
2.  The applicant submitted a copy of an undated DD Form 1380 in support of his application.  This document was not previously reviewed by the ABCMR and is considered new evidence warranting consideration by the Board.

3.  The applicant's service records show he was inducted into the Army of the United States for 2 years on 13 January 1969.  He completed basic combat training at Fort Campbell, KY and was transferred to Fort Polk, LA for advanced individual training in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He completed his training on/about 16 May 1969 and was ordered to Vietnam.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) documents his assignment history and record of service.  It shows he arrived in Vietnam on/about 9 June 1969 and some 10 days later was assigned to Company B, 2nd Battalion, 12th Infantry, 25th Infantry Division for duty as a rifleman.  On/about 20 January 1970, he was reassigned to HHC, 25th Infantry Division where he performed duties as a cook's helper.  This form shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) by Special Orders Number 80, Headquarters, Fort Polk, dated 8 April 1969.  It also shows that he received uniformly "excellent" conduct and efficiency ratings throughout his period of service.  Furthermore, there is no evidence of any convictions by courts-martial.

5.  The applicant was returned to the United States on/about 15 August 1970 and honorably separated on 16 August 1970.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as corrected by a DD Form 215 (Correction to DD Form 214) on 13 January 1987, shows that he was awarded the Bronze Star Medal, Purple Heart, Army Commendation Medal with "V" Device (First Oak Leaf Cluster), Air Medal with Numeral 3, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Combat Infantryman Badge.  It does not show the Purple Heart (First Oak Leaf Cluster).

6.  The applicant's service records do not contain evidence of a second award of the Purple Heart.

7.  A review of the evidence the applicant submitted in support of his request for a second Purple Heart indicates the following:

	a.  an SF 600 shows that he reported for suture removal on 13 November 1969.  The entry states "Suture removal (laceration right arm) shrapnel.  Patient lacerated right upper arm medially 10 days ago.  Wound healing well.  Will remove sutures today";

	b.  an SF 519A shows his lower right back was x-rayed on 11 December 1969 and a fragment was seen in the x-ray;

	c.  an SF 600 shows that on the same date as the x-ray (11 December 1969) he underwent "Debridement of wound right side of back.  Closure with 4-0 nylon";

	d.  a DD Form 1380 shows that on an unknown date a sterile dressing was applied to the "frag[ment] wound in [the applicant's] lower back."

8.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record;

	b.  during Vietnam, the Good Conduct Medal was awarded to individuals who completed a qualified period of active enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial; and

	c.  award of a bronze service star, based on qualifying service, is authorized for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate service medal.  A single silver service star denotes five campaigns.  The applicant served in Vietnam during 
4 campaigns.

9.  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 the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Order Number 5, dated 1973.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 by Department of the Army General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of a second Purple Heart (i.e., a First Oak Leaf Cluster for his already awarded Purple Heart).

2.  There is no evidence in the applicant's service records to support award of a second Purple Heart.

3.  The applicant contends he submitted evidence which supports he was wounded twice and, therefore, entitled to a second Purple Heart.  This evidence is in the form of:

   a.  medical documents, dated 13 November 1969, showing treatment for a fragmentation wound to his right arm which occurred 10 days earlier on/about 3 November 1969;

	b.  medical records, dated 11 December 1969, that show he was x-rayed on that date and found to have a fragment in his lower right back;

   c.  medical records, dated 11 December 1969, that show debridement of a wound in the right side of his back, followed by suturing with 4-0 nylon; and

	d.  an undated DD Form 1380 showing a "frag[ment] wound in lower back."

4.  The applicant contends that this evidence represents two separate incidents, one on/about 3 November 1969, and the other on/about 11 December 1969.

5.  The applicant's evidence is not necessarily proof that he was wounded twice.  Another scenario could be the applicant was wounded by a fragmentation device on/about 3 November 1969.  At that time, he received injuries to his right arm and lower right back.  The right arm was cleaned and sutured and the sutures were removed on 13 November 1969 as stated in the medical records.  The back injuries were cleaned and bandaged; however, the injury did not heal and, on 11 December 1969, the applicant returned to the Aid Station where it was determined by x-rays a fragment remained in his lower right back.  The back wound was then debrided and sutured.  Debridement is the removal of unhealthy tissue from a wound to promote healing.  This procedure includes removal of dead or dying tissue, foreign bodies (metal or bone fragments), and other contaminants (pieces of wood, clothing, skin, hair or equipment) from the wound.


6.  There are no dates ascribed to the occurrence of the lower back wound.  The fact the right arm and right back were injured lends support to one wounding on/about 3 November 1969.  From a medical point of view, the course of treatment described in paragraph 4, above is completely reasonable and, absent evidence to the contrary, is accepted as an explanation for the time difference in treatment dates for the arm and back.  The applicant has not shown entitlement to a second award of the Purple Heart.

7.  Although there is no poof the applicant is entitled to a second Purple Heart, this reconsideration did point out other awards to which the applicant is entitled which do not appear on his corrected DD Form 214:

   a.  he served from 13 January 1969 to 16 August 1970 with "excellent" conduct and efficiency ratings and no record of conviction by courts-martial.  He is entitled to award of the Good Conduct Medal and to have that award shown on his DD Form 214;

	b.  he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) by special orders issued at Fort Polk.  He is entitled to have this badge added to his DD Form 214;

	c.  the applicant served in Vietnam during four campaigns and is entitled to wear 4 bronze service stars on his already-awarded Vietnam Service Medal; and

	d.  the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These foreign unit decorations should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief under reconsideration of ABCMR Docket Number AC87-00350.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Good Conduct medal for the period 13 January 1969 to 16 August 1970 and adding this award to his DD Form 214;

	b.  adding 4 bronze service stars to his already awarded Vietnam Service Medal; and

   c.  adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.
   
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Oak Leaf Cluster for his already-awarded Purple Heart. 





      _______ _   _______   ___
               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)                                         AR20090020429





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ABCMR Record of Proceedings (cont)                                         AR20090020429



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