IN THE CASE OF:
BOARD DATE: 18 November 2010
DOCKET NUMBER: AR20100013251
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show a third award of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster) and the Air Medal.
2. The applicant states:
* he was awarded three awards of the Purple Heart for wounds received in action
* he was wounded (shrapnel wound to his right thigh) on 10 February 1969 in Vietnam
3. The applicant provides two service medical records in support of his request for reconsideration.
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 AR20090016248 on 30 March 2010.
2. The applicant provided a service medical record which shows he was treated at a battalion aid station on 10 February 1969. This record also states he received a fragment wound to his right leg during enemy action in Vietnam. He also provided a service medical record, dated 15 February 1969, which shows his fragment wound to his right thigh was healing slowly but looked good. These service medical records are new evidence which will be considered by the Board.
3. The applicant was inducted into the Army of the United States on 8 May 1968. He served as a light weapons infantryman in Vietnam from 8 October 1968 to 4 October 1969. On 7 May 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
4. The applicant's DD Form 214 shows the National Defense Service Medal, Purple Heart, Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Unit Citation, Vietnam Service Medal, Combat Infantryman Badge, two overseas service bars, and Marksman Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) as authorized awards.
5. Orders show the applicant received the Purple Heart for wounds received in action on 9 January 1969 in Vietnam. Orders also show he received the Purple Heart with First Oak Leaf Cluster for wounds received in action on 5 May 1969 in Vietnam.
6. There are no orders for a third award of the Purple Heart in the available records.
7. A DD Form 215 (Correction to DD Form 214), dated 29 April 2010, amended item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 by deleting the Purple Heart and Vietnam Service Medal and adding:
* Purple Heart with First Oak Leaf Cluster
* Air Medal
* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
8. Since the Air Medal was added to the applicant's DD Form 214, this portion of the applicant's request will not be discussed further in these proceedings. A copy of the DD Form 215 will be provided to the applicant.
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. The regulation also states that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was awarded three awards of the Purple Heart.
2. Orders show the applicant received the Purple Heart for wounds received in action on 9 January 1969 and the Purple Heart with First Oak Leaf Cluster for wounds received on 5 May 1969.
3. The medical evidence of record which shows the applicant was treated for a fragment wound to his right leg as a result of enemy action on 10 February 1969 in Vietnam is accepted as sufficient evidence on which to add a third award of the Purple Heart. Therefore, his DD Form 214 should be corrected to show the Purple Heart with Second Oak Leaf Cluster.
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 is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20090016248, dated 30 March 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Purple Heart with First Oak Leaf Cluster from item 24 of his DD Form 214 and adding the Purple Heart with Second Oak Leaf Cluster.
_______ _ 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) AR20100013251
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ABCMR Record of Proceedings (cont) AR20100013251
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