IN THE CASE OF:	  

		BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100014964 


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 request for award of the Purple Heart.

2.  The applicant states, in effect, he was wounded in action while serving in Vietnam in January 1967; however, he was not awarded the Purple Heart.

	a.  He states C____ P____ has provided him with a statement in support of his request for reconsideration.  He adds C____ P____ served two tours in Vietnam, was with him in Vietnam at the time, and witnessed the incident first-hand.

	b.  He states the entries in his medical records regarding the time and place are questionable; however, the statement by C____ P____ provides additional evidence of the actual incident.

3.  The applicant provides a "buddy" statement and an extract of "The Wall-USA" from The Vietnam Veterans Memorial website.  He also provides a copy of a Standard Form 600 (Chronological Record of Medical Care) that he submitted with his original request.

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 AR20090003239 on 28 May 2009.

2.  The applicant enlisted in the Regular Army for a period of 3 years on 11 January 1965.  Upon completion of training he was awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) that he served in the U.S. Army Pacific (Vietnam) from 3 September 1966 through 1 September 1967;

	b.  item 38 (Record of Assignments) that he served:

		(1)  in duty MOS 63B2O (Wheeled Vehicle Mechanic) while assigned to Headquarters and Headquarters Company, 1st Battalion, 26th Infantry, 1st Infantry Division, from 13 September 1966 through 11 January 1967;

		(2)  in duty MOS 63B2O (Wheeled Vehicle Mechanic) while assigned to Company A, 1st Battalion, 26th Infantry, 1st Infantry Division, from 12 January 1967 through 19 April 1967; and

		(3)  in duty MOS 11D1O (Scout Observer) while assigned to Headquarters and Headquarters Company, 1st Battalion, 26th Infantry, 1st Infantry Division, from 20 April 1967 through 28 August 1967;

	c.  item 40 (Wounds) is blank; and

	d.  item 41 (Awards and Decorations) does not show the Purple Heart.

4.  There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Purple Heart.

5.  A review of the Vietnam casualty roster confirmed the applicant's name is not on the roster.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders pertaining to award of the Purple Heart to the applicant.

7.  The applicant's 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), dated 27 August 2009, shows the applicant entered active duty on 11 January 1965, was honorably released from active duty on 3 June 1968, and was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  At the time he had completed 3 years of net active service this period and 1 year and 6 months of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

8.  There is no evidence the applicant sustained a wound or injury that was due to misconduct and/or found not to be in the line of duty.

9.  The applicant provides the following documents.

	a.  A Standard Form 600, dated 11 February 1967, shows the applicant was treated at the 1st Battalion Aid Station, 26th Infantry, and the medical specialist wrote, "Patient was hit by friendly shrapnel last night at field site.  Says that he took out fragment last night.  Area slightly infected.  Cleaned and dressed."  It also shows the applicant was directed to return to duty and to return to sick call that  afternoon at 1500 hours.  This document also shows the applicant was seen again at 1425 hours, 11 February 1967, by a captain serving in the Medical Corps for follow-up treatment of a small fragment wound to his right upper leg.

	b.  A statement from C____ P____, dated 8 April 2010, shows he served in the same platoon of Company A, 1st Battalion, 26th Infantry, as the applicant until about 3 February 1967.  They were then reassigned to the reconnaissance unit.

		(1)  C____ P____ recounts operations beginning 25 January 1967 in Binh Duong Province and describes their security mission to avoid infiltration by the 9th Viet Cong Regiment, 271st North Vietnamese Regulars.  He states he was in the same foxhole as the applicant when a number of mortars, carbine fire from snipers, and trip flares alerted their squad to a possible attack.  He also states that as daylight approached, an infiltrator was confirmed and the applicant crawled to a location and intercepted him.

		(2)  C____ P____ states that when the applicant returned he was bleeding from his right leg.  They removed what appeared to be shrapnel or a very soft bullet from the applicant's leg.  He adds they were out on the mission until 3 February, went on another mission for about a week, and returned to base around 10 February.

		(3)  C____ P____ concludes by stating he served two tours of duty in Vietnam and is a Purple Heart recipient as a result of wounds he received during the Tet Counteroffensive of 1968.  He adds that he only recently received his Purple Heart and understands the difficulties of overcoming inadequate and missing medical records to substantiate entitlement to the Purple Heart.

	c.  "The Wall-USA" from the Vietnam Veterans Memorial website shows Private First Class R____ V. T____, 1st Infantry Division, was killed in action on 27 January 1967 at Binh Duong, South Vietnam, from multiple fragment wounds and that his body was recovered.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.

	b.  The Purple Heart is also authorized for award to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his request for award of the Purple Heart should be reconsidered based on the previously-submitted medical evidence and the new evidence he now provides.

2.  The evidence of record shows the applicant received medical treatment on 11 February 1967 for a fragment wound to his right upper leg.  The evidence also shows the wound was sustained as the result of "friendly shrapnel."
	a.  The "buddy" statement that the applicant provides indicates the applicant sustained the wound on or about 27 January 1967, he and the applicant treated the wound in the field, and the applicant was not able to receive medical treatment at the battalion aid station until after they returned from the field on 10 February 1967.

	b.  Despite the uncertainty of the circumstances, the evidence of record shows the applicant sustained a wound while serving in Vietnam, the wound required treatment by medical personnel, and the medical treatment was made a matter of official record.

	c.  In view of the fact that the applicant's wound was categorized as the result of "friendly shrapnel" and, at the time, the Purple Heart was not authorized for such wounds, it is logical that the applicant's military service records do not show award of the Purple Heart.

	d.  There is no evidence the applicant was wounded or injured due to his own misconduct.

	e.  The evidence of record shows that a Soldier who is wounded in action by weapons fire while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States, is entitled to award of the Purple Heart.

	f.  Therefore, based on the available evidence, the applicant should be awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 27 January 1967.

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 AR20090003239, dated 28 May 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 27 January 1967 and

	b.  adding the Purple Heart to item 24 of 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)                                         AR20100014964



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ABCMR Record of Proceedings (cont)                                         AR20100014964



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