DOCKET NUMBER:  AR20100024885 


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 records to show award of the Purple Heart.

2.  The applicant states he was wounded by shrapnel for which he was later awarded a 20-percent service-connected disability rating by the Department of Veterans Affairs.  He spent time in the hospital at Cam Ranh Bay, Vietnam, for the surgery.  After surgery, he was permitted to return to his unit.  His platoon leader was unaware of the requirements for the Purple Heart.  He was recently informed he is eligible for the Purple Heart because, even though the shrapnel injury may have come from what the medical records show as friendly fire, he was engaging the enemy at the time.

3.  The applicant provides:

* Standard Form 539 (Abbreviated Clinical Record)
* Standard Form 600 (Chronological Record of Medical Care)
* Standard Form 502 (Narrative Summary)
* Standard Form 93 (Report of Medical History)

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 AR20050003119 on 29 September 2005.

2.  The applicant submitted new documents in the form of medical records which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 14 November 1968 and held military occupational specialty 11B (Light Weapons Infantryman).

4.  His records further show he served in the Republic of Vietnam from on or about 26 November 1969 to on or about 20 October 1970.  He was assigned to Company D, 1st Battalion, 6th Infantry, 198th Infantry Brigade.

5.  He was honorably released from active duty in the rank/grade of staff sergeant/E-6 on 25 October 1970 and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Republic of Vietnam Campaign Medal, Army Commendation Medal, Parachutist Badge, Vietnam Service Medal, Ranger Tab, and Combat Infantryman Badge.

7.  On 29 September 2005, the ABCMR granted him relief by deleting the Army Commendation Medal from his DD Form 214 and adding the Bronze Star Medal, Army Commendation Medal (First Oak Leaf Cluster), Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on his Vietnam Service Medal.

8.  His name is not shown on the Vietnam casualty roster, there are no general orders in his records that show he was awarded the Purple Heart, and his official medical records are not available for review with this case.

9.  The applicant provided seven pages of medical treatment records detailing medical treatment he received for fragment wounds from a claymore mine.  One page, dated 7 May 1970, contains the remark, "23-year old, multiple fragment wounds of left shoulder, claymore mine from friendly forces."  One page, dated 10 May 1970, contains the remarks, "Patient received who sustained four fragment wounds to left axilla and adjacent upper arm 2 days ago in firefight.  Wounds appear clean."  Another page, dated 11 May 1970, contains the remark, "old fragment wounds sustained from friendly claymore."

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  This regulation also states the Purple Heart may be awarded 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 he should be awarded the Purple Heart.

2.  He provided various records of medical care that show he sustained an injury during the discharge of a claymore mine by friendly forces and received medical treatment for this injury.  In addition, one of the medical documents he submitted shows the injury occurred during a firefight.  This reference to the injury occurring during a firefight indicates the claymore mine exploded and injured him in the heat of battle while it was intended to inflict damage to enemy forces or equipment.

3.  Any doubt whether this injury occurred in the heat of battle should be resolved in his favor.  Therefore, there is sufficient evidence to show he was wounded in action in Vietnam on or around 4 May 1970 which would entitle him to award of the Purple Heart and correction of his records to show this award.

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 decision in Docket Number AR20050003119, dated 29 September 2005.  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 in action on 4 May 1970 in Vietnam and by 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)                                         AR20100024885



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ABCMR Record of Proceedings (cont)                                         AR20100024885



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