IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100015941 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he was injured in a mortar blast/fire at Trang Bang, Vietnam on 26 September 1968.  He was issued the Purple Heart certificate; however, the award was not shown on his DD Form 214.  

3.  The applicant provides the following documents:

* a self-authored statement
* Department of Veterans Affairs (VA) medical documents
* Service medical documents
* his DD Form 214
* a newspaper article
* a Purple Heart certificate

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 AR20090011217 on 2 February 2010.  

2.  The applicant provided medical documents that were not previously considered.  Therefore, it is new evidence that warrants consideration by the Board.  

3.  The applicant enlisted in the Regular Army on 1 August 1967.  He served in Vietnam from 8 January 1968 to 11 October 1968, assigned to Headquarters and Headquarters Company, 2nd Battalion, 12th Infantry, 25th Infantry Division.  He was honorably released from active duty on 28 August 1970 at the expiration of his term of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber) 
* Expert Marksmanship Qualification Badge with Mortar Bar (81mm)

4.  The applicant provided an award certificate, dated 26 September 1968, which shows he was awarded the Purple Heart for wounds received in action on 26 September 1968.

5.  A DA Form 8-2-275-2 (Clinical Record Cover Sheet), dated 8 October 1968, shows he sustained 1st and 2nd degree burns on 14 percent (%) of his body surface of posterior trunk and right upper extremity.  This document indicates he sustained the injury as a result of hostile action (IRHA) when U.S. charges exploded on 26 September 1968 in Trang Bang, Vietnam.  Block 25 (Selected Administrative Data) of this form indicates the applicant was awarded the Purple Heart by the 12th Evacuation Hospital by General Orders Number 225, dated
27 September 1968.  The applicant's Purple Heart certificate is signed by a Medical Corps officer.

6.  The applicant provided a newspaper article, dated 17 October 1968, which reported the applicant’s parents received correspondence informing them that their son had received burns on the right arm and back from a mortar fire on 26 September at Trang Bang, Vietnam.

7.  The applicant’s VA Rating Decision, dated 19 October 1971, shows he was granted service-connection for scars on the back and shoulder together with the low back strain which originated in service with a zero percent disability.  
8.  The applicant provided a self-authored statement and stated he was not able to complete his tour of duty in Vietnam because he was wounded on 26 September 1968.  He identified the new documents submitted with his request.  He regrets that he did not check his DD Form 214 after his discharge.  The error on his DD Form 214 was first brought to his attention during a homecoming ceremony for Vietnam veterans.

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

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

11.  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 III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for the following awards:

* Valorous Unit Award for the period 31 January - 19 February 1968 by Department of the Army General Orders 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
1 August 1967 - 1 August 1968 by DAGO 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
1 September 1968 - 30 September 1970 by DAGO 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 21 January 1970 by DAGO 51, dated 1971

13.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service medical documents confirm he sustained 1st and 2nd degree burns on 14% of his body surface of posterior trunk and right upper extremity.

2.  The applicant’s DA Form 8-2-275-2, dated 8 October 1968, shows he sustained injuries when U.S. charges exploded on 26 September 1968 in Trang Bang, Vietnam and he was awarded the Purple Heart by General Orders Number 225, dated 27 September 1968, for these injuries.  However, the Purple Heart was not recorded on his DD Form 214.  

3.  The evidence provided by the applicant is sufficient as a basis to correct his DD Form 214 to show award of the Purple Heart.

4.  He served a qualifying period for entitlement to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  His unit was cited for the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 AR20090011217, dated 2 February 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 the:

* Purple Heart.
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _______ 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)                                         AR20100015941



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ABCMR Record of Proceedings (cont)                                         AR20100015941



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