IN THE CASE OF:	  

		BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000408 


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 Purple Heart.

2.  The applicant states he received shrapnel wounds to his right shoulder while engaging the enemy in combat in Vietnam on or about February or May 1968.

3.  The applicant provides an undated statement from his former unit's medical corpsman; a photograph of two individuals; a copy of a statement from his former squad leader; and a copy of his Department of Veterans Affairs (VA) rating decision, dated 20 April 2007.

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 AR20070004413 on 6 September 2007.

2.  The applicant submitted a statement from his former unit's medical corpsman, a photograph of two individuals, a copy of a statement from his former squad leader, and a copy of his VA rating decision, which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and, as an exception to policy, warrant consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 2 May 1967 and held military occupational specialty 11B (Light Weapons Infantryman).

4.  His records show he served in the Republic of Vietnam from 5 November 1967 to 30 November 1968.  He was assigned to Company D, 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division.

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 2 December 1968 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214) show the following awards:

* National Defense Service Medal
* Combat Infantryman Badge (4 February 1968)
* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Machinegun Bar

7.  The applicant's name is not shown on the Vietnam casualty roster, there are no general orders in his records that show he was awarded the Purple Heart, and his medical records are not available for review with this case.

8.  He submitted the following documents:

	a.  a statement by his former unit's medical corpsman, SP4 B____ who served as a combat medic with Company D, 2nd Battalion, 12th Infantry, and received the Silver Star on 17 April 1968 and two awards of the Bronze Star Medal with "V" Device on 10 February 1968 and 4 March 1968.  SP4 B____ states that he served with the applicant during several battles in Vietnam.  He recalls that sometime between February and May 1968, an incident took place in Dau Tieng where the applicant was wounded.  The applicant was hit with either a grenade or mortar fire at the base camp.  He treated him at the battalion aid station and he can attest that he treated several other Soldiers off the record.  Additionally, the applicant could not hear for several days after this incident, possibly due to an ear drum perforation;

	b.  a statement, dated 25 June 2010, from his former squad leader wherein he states he remembers the applicant getting a piece of shrapnel removed from his shoulder at the aid station in Vietnam;

	c.  a copy of his VA rating decision, dated 20 April 2007, awarding him service-connected disability compensation at the rate of 10 percent for residual post-right shoulder shrapnel wound injury; and

	d.  a photograph of what appears to be one Soldier treating another.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Vietnam from 5 November 1967 to 30 November 1968 and he was assigned to Company D, 2nd Battalion, 12th Infantry Regiment.  He was awarded the Combat Infantryman Badge on 5 February 1968.

2.  His record is void of any documentary evidence that shows he was wounded in action or that he was treated for such wounds.  However, his former unit's medical corpsman who served during the same time frame and was awarded the Silver Star and two awards of the Bronze Star Medal with "V" Device attests that he personally provided him treatment subsequent to what he recalls as a grenade or mortar attack between February and May 1968.  Additionally, his squad leader and his VA rating decision confirm this injury.

3.  Any doubt should be resolved in the applicant's favor.  As such, there appears to be sufficient evidence to show he was wounded in action in Vietnam on or around 4 February 1968 which would entitle him to award of the Purple Heart and correction of his records to show it.


BOARD VOTE:

____x____  ____x____  _____x___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20070004413, dated 6 September 2007.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Purple Heart for wounds received in action on 4 February 1968 in Vietnam and by adding the Purple Heart to his DD Form 214.



      ____________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)                                         AR20100000408



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100000408



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1