IN THE CASE OF:
BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20100006939
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 an earlier request for award of the Purple Heart.
2. The applicant states he was awarded service connection by the Department of Veterans Affairs (VA) for dental trauma due to his armored personnel carrier (APC) striking a mine on 26 February 1967 in Vietnam.
3. The applicant provides:
* service dental records
* VA documentation
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 AR20060008643 on 21 February 2007.
2. The service dental records and VA documentation provided by the applicant are new evidence which will be considered by the Board.
3. The applicant enlisted in the Regular Army on 29 October 1965 for a period of 3 years. He served as a light weapons infantryman in Vietnam from 23 April 1966 to 22 April 1967. On 10 October 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).
4. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.
5. There are no orders for the Purple Heart in the available records.
6. The applicant provided a dental record, dated 2 March 1967, which states he was hit in the face when his APC struck a mine on 26 February 1967. The next day his upper and lower anterior teeth were wired at the 36th Evacuation Hospital and he was placed on light duty until the wires were removed. He also provided a dental record which shows teeth 1, 2, 4, 5, 6, 7, 9, 10, 11, 13, and 16 were removed and a full upper denture was prepared.
7. The applicant also provided VA documentation, dated 27 February 2009, which shows service connection for the residuals of dental trauma was granted.
8. A DD Form 215 (Correction to DD Form 214), dated 19 September 2007, amended the applicant's DD Form 214 by deleting the Vietnam Service Medal and adding the Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Machinegun Bar, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with two bronze service stars. His dates of service in Vietnam were also added to his DD Form 214.
9. Army Regulation 600-8-22 (Military Awards) provides that 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.
DISCUSSION AND CONCLUSIONS:
The dental record provided by the applicant which states he was hit in the face when his APC struck a mine on 26 February 1967 is accepted as sufficient evidence on which to base award of the Purple Heart in this case.
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 AR20060008643, dated 21 February 2007. 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 wounds received in action on 26 February 1967 in Vietnam and
b. 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) AR20100006939
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ABCMR Record of Proceedings (cont) AR20100006939
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