BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100023759 


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 and that the award be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge.)

2.  He states, in effect, his name is misspelled in his records.  He does not believe his service number was used to locate the proper document to support his request, he believed his incorrectly spelled name was used to search for evidence.  He states he was wounded on 5 March 1968 due to hostile enemy fire and air evacuated to the Da Nang Naval Hospital.  

3.  He provides:

* Original request, dated 4 October 1978
* Army Board of Correction of Military Record (ABCMR), Record of Proceedings, dated 13 March 2008
* Letter from the U.S. Army & Joint Service Records Research Center
* Two Department of Veterans Affairs (DVA) Forms 21-4138 (Statement in Support of Claim)

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, reconsideration of the applicant's request for award of the Purple Heart and that she be informed of all actions taken in this case. 

2.  Counsel provides no statement or additional evidence.

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 ABCMR in Docket Number AR20070014093, on 13 March 2008.

2.  The applicant resubmits a copy of his October 1978 original request for the Purple Heart.  The letter from the U.S. Army & Joint Service Records Research Center is new evidence that will be considered by the Board.

3.  His records show he was inducted into the Army of the United States on 12 October 1966.  At the time of his entry on active duty, he was assigned and further identified throughout his military service with the Army service number "US54959517."

4.  He completed training and was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).  He served in Vietnam from 10 August 1967 through 1 August 1968.  He was assigned to C Troop, 1st Squadron, 1st Cavalry Regiment.

5.  There are no orders in his service personnel record that show he was awarded the Purple Heart during his period of service in Vietnam.  His DA Form 20 (Enlisted Qualification Record) does not contain an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations).

6.  He was honorably released from active duty in pay grade E-5 on 5 August 1968, as an overseas returnee, and transferred to the U.S. Army Reserve Control Group.  

7.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 list the following awards:

* National Defense Service Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two Overseas Service Bars
* 
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  On 24 December 2008, he was issued a DD Form 215 (Correction to DD Form 214) adding the following awards and showing his Vietnam service:

* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
* Valorous Unit Award
* Presidential Unit Citation
* Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars

9.  The Vietnam casualty roster lists an individual with the last name of Warner and same first name, Army service number of XXXXXX9517, and rank as the applicant.  The individual was wounded on 5 March 1968 and the casualty status code is "23."  This code indicates he was "hostile wounded in action, hospitalized."  The roster does not show an individual with the last name of Wanner was wounded on 5 March 1968 in Vietnam.

10.  A current 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 was again conducted using the correct spelling of his last name, using the last name of Warner, using his service number, and using his social security number.  From this review, only the orders for award of the Bronze Star Medal was retrievable using the correct spelling of his last name, his service number, and his social security number.  The review failed to reveal any orders were published authorizing award of the Purple Heart for an individual with the last names of Warner or Wanner.

11.  He provides a letter from the U.S. Army & Joint Service Records Research Center, Alexandria, VA, dated 11 August 2010, in response to his letter concerning his Post Traumatic Stress Disorder claim.  The letter advised the applicant that the research center had researched the Morning Report (MR) submitted by C Troop, 1st Squadron, 1st Cavalry, 23rd Infantry Division covering 1967.  The MR covering April 1967 verified he was assigned to that unit.  They also researched the Daily Staff Journals (DJs) submitted by the unit covering March 1968.  The DJs confirmed the Executive Officer of C Troop requested a medical evacuation of one U.S. Soldier who was wounded by hostile artillery on 5 March 1968.  The C Troop, 1st Squadron also evacuated three additional Soldiers that day.  The DJs did not provide details concerning the identity of those medically evacuated.  

12.  The letter also advised the applicant they also researched the Department of Defense Vietnam War Casualty data covering 5 March 1968.  The data verified that a Soldier with service number 54959517 listed under the last name of Warner, rank of sergeant, duty MOS of 11E (infantryman), from MI (his military records show the applicant's place of birth as MI), was hospitalized due to wounds received by hostile small arms or other weapons fire.  

13.  Army Regulation 600-8-22 (Military Awards), then in effect, stated the Purple Heart was awarded for an injury or 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 military personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  However, the evidence of record and the Vietnam casualty roster show an individual with the same first name, rank, and Army service number was wounded as a result of hostile action in Vietnam on 5 March 1968.  The injury was determined to be in the line of duty, and he received treatment and the treatment was made a matter of official record.  It appears the applicant's last name was erroneously misspelled (Warner instead of Wanner) at the time and his injury was reported under the misspelled last name.  

2.  Despite the absence of general orders awarding the applicant the Purple Heart, the evidence shows he is authorized award of the Purple Heart.  Therefore, he is entitled to award of the Purple Heart and correction of his 
DD Form 214 to show this award.

3.  In view of the foregoing, his records should be corrected as recommended below.


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 was sufficient to warrant amendment of the ABCMR’s decisions in Docket Number AR20070014093, dated 13 March 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received as a result of hostile action in the Republic of Vietnam on 5 March 1968 and providing him a document to show this correction.



      _________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)                                         AR20100023759



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ABCMR Record of Proceedings (cont)                                         AR20100023759



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