BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100012784 


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:

The applicant defers to counsel.  

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests reconsideration of the applicant’s earlier request for award of the Purple Heart.

2.  Counsel states the applicant requested his military medical documentation from the National Archives.  The applicant’s field medical card indicates he received a wound to his left arm and it was sutured.  The other medical documents show the applicant’s follow-up appointments for the cleaning and redressing of the wound.  

3.  Counsel provides copies of the applicant’s service medical records from the Department of Veterans Affairs (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 AR20090003058 on 2 June 2009.  

2.  The applicant’s medical documents are new evidence that will be considered by the Board.  
3.  The applicant was inducted into the Army of the United States on 15 February 1968.  His highest rank/pay grade attained was sergeant, E-5.  He served in Vietnam from 21 July 1968 through 8 July 1969 with Company B, 3rd Battalion, 60th Infantry, 9th Infantry Division.  

4.  The applicant’s DD Form 1380 (Field Medical Card) shows he sustained a fragment wound to his left arm on 15 August 1968.  The document shows the wound was cleaned and dressed.  Item 16 (Nature of Casualty or Illness) of this form indicates he was wounded as the result of enemy action while performing reconnaissance and force.  

5.  His Standard Form 600 (Chronological Record of Medical Care) shows his arm was sutured on 20 August 1968.  

6.  The applicant’s medical records show he received follow-up medical treatment for the fragment wound to his left arm on 27 August and 28 August 1968.  

7.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

* Item 38 (Record of Assignments) shows his conduct and efficiency ratings as "excellent" throughout his period of service
* Item 40 (Wounds) is blank
* Item 41 (Awards and Decorations) does not show he was awarded the Purple Heart.

8.  His service record does not contain any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

9.  The applicant was released from active duty on 13 February 1970 in the rank of SGT.  He completed 1 year, 11 months, and 29 days of active military service with no time lost.  

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* Vietnam Service Medal with three bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal 
* Combat Infantryman Badge
* Air Medal
* Republic of Vietnam Gallantry Cross Palm Unit Citation
* Expert Marksmanship Badge with Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal with “V” Device (First Oak Leaf Cluster)

11.  There are no orders in the applicant's military personnel records awarding him the Purple Heart.

12.  The applicant’s name is not listed on the Vietnam Casualty Roster.  

13.  A search of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) was made for orders awarding the applicant the Purple Heart.  No orders for this award were found in the ADCARS.

14.  Review of the applicant's service personnel record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

15.  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:

* Vietnam Counteroffensive Phase V 
* Vietnam Counteroffensive Phase VI 
* Tet 69 Counteroffensive, 1969 
* Vietnam Summer – Fall 1969 

16.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s medical documents show he sustained a fragment wound to his left arm in August 1968.  

2.  The applicant’s DD Form 1380 confirms he was wounded as a result of hostile action while performing reconnaissance and force in Vietnam on 15 August 1968.  This medical document is sufficient as a basis for granting his request for award of the Purple Heart.  

3.  The applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period of service from 15 February 1968 through 13 February 1970.  His service record shows he received "excellent" conduct and efficiency ratings and he was advanced to SGT during this period.  Therefore, he is entitled to award of this medal and to have it shown on his DD Form 214.

4.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal with three bronze service stars.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 AR20090003058, dated 2 June 2009.  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 sustained on 20 August 1968;

	b.  awarding him the Army Good Conduct Medal for the period 15 February 1968 through 13 February 1970;

   c.  amending his DD Form 214 by adding the Purple Heart and the Army Good Conduct Medal; 
   
   d.  deleting the Vietnam Service Medal with three bronze service stars and replacing it with the Vietnam Service Medal with four bronze service stars; and 

   e.  providing him a document that shows the above corrections.



      _______ _   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)                                         AR20100012784





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ABCMR Record of Proceedings (cont)                                         AR20100012784



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