BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100024931 


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 its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states, in effect, he is requesting award of the Purple Heart due to a fragment injury to his left hand as a result of incoming 82mm fire.  This occurred during his term in Vietnam on 14 May 1969, while serving with Company A, 2nd Battalion, 8th Cavalry.  He was told at the time that he would receive a Purple Heart, but that was never done and he failed to follow-up on it.  

3.  He provides:

* Army Board for Correction of Military Records (ABCMR), Record of Proceedings, dated 13 July 2010
* Original DD Form 149 (Application for Correction of Military Record), undated, and DD Form 1380 (U.S. Field Medical Card/Fiche)
* A letter from his former unit commander 
* Eyewitness statements from his former unit commander and a former member of his unit
* Two letters from the Cheboygan County Department of Veterans Services





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 AR20100007755 on 13 July 2010.

2.  The applicant provided eyewitness statements from his former unit commander and a former member of his unit in support of his request.  The two statements are new evidence that will be considered by the Board.

3.  His military records show he was inducted into the Army of the United States on 21 February 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 24 July 1968 through 22 July 1969, during four campaigns.  He was assigned to Company A, 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile).

4.  There are no orders in his military personnel records awarding him 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).

5.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence he was disqualified for award of the Army Good Conduct Medal.

6.  A DD Form 1380, dated 14 May (year unknown), identifies the applicant as being diagnosed with a fragment wound in the left hand, in the line of duty, incoming 82mm on 14 May at 2235 hours and receiving treatment at the aid station.  

7.  He was honorably released from active duty in pay grade E-5 on 20 February 1970, at the expiration of his term of service, and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 2 years of active service and no lost time.

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

* National Defense Service Medal

* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Bronze Star Medal

9.  His name is not listed on the Vietnam casualty roster and his medical records are not available for review with this case.

10.  He provided an eyewitness statement from his former unit commander, dated 25 August 2010.  The unit commander stated the applicant was a member of his command and on 14 May 1969 their unit was assigned the security mission for an artillery battery in the Tay Ninh Province.  At approximately 2300 hours that evening both his unit and the artillery battery began receiving enemy mortar and rocket fire.  During this attack, the artillery forward observer was fatally wounded.  In addition, the applicant was hit and evacuated to the aid station with shrapnel wounds to one of his hands.  Although sporadic incoming fire continued throughout the night, he could only recall the applicant and one other casualty.  The unit commander also stated that it was his belief the applicant and the forward observer had been awarded the Purple Heart.

11.  He also provided an eyewitness statement from a former member of his unit, dated 5 September 2010.  The former member stated that on 14 May 1969 while on Landing Zone Saint Barbra they started receiving incoming mortar fire.  During this attack, their forward observer was killed in action.  The applicant was struck by shrapnel from a mortar round.  He saw the wound on the applicant's left hand and the first aid dressing after the applicant returned from the aid station.

12.  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, revealed the applicant's orders for the Bronze Star Medal awarded for meritorious service from July 1968 to July 1969.  This review failed to reveal orders for the Purple Heart pertaining to the applicant.

13.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

14.  Army Regulation 600-8-22 also states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

15.  Army Regulation 600-8-22 further states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to Company A, 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 9 August 1965 - 19 May 1969, by Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and documentation submitted with his application were carefully considered.  Despite that there are no orders awarding him the Purple Heart, his former unit commander and a former service member confirmed the applicant was struck by shrapnel from a mortar round on 14 May 1969, in Vietnam, as a result of hostile action and received treatment by medical authorities.  

2.  In addition to meeting the regulatory criteria, requests for award of the Purple Heart should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.  Therefore, the corroborating statements in this case support award of the Purple Heart to the applicant and the addition of this award to his DD Form 214.

3.  He completed a qualifying period of service for the first award of the Army Good Conduct Medal.  There is no evidence in the available records which shows he was disqualified for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 21 February 1968 through 20 February 1970 and correction of his records to show this award.

4.  The evidence of records confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is also entitled to award of two additional bronze service stars to be affixed to his Vietnam Service Medal.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to correct his records to show this unit award.

6.  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 that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20100007755, dated 13 July 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart for wounds received as a result of hostile action on 14 May 1969 in Vietnam;

   b.  awarding him the Army Good Conduct Medal (1st award) for his service from 21 February 1968 through 20 February 1970;

	c.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal with 2 bronze service stars; 

   d.  adding to Item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and



   e.  providing him a corrected document that includes these changes.



      _______ _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)                                         AR20100024931





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ABCMR Record of Proceedings (cont)                                         AR20100024931



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