IN THE CASE OF:	  

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100026097 


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 that he be awarded the Purple Heart.

2.  The applicant states he was wounded in action on 10 March 1967 but never received the Purple Heart.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), four third-party statements, and a Combat Operations After Action Report.

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 AR20090019387 on 8 June 2010.

2.  The applicant provides a Combat Operations After Action Report as new evidence which was not previously considered by the Board.  Therefore, reconsideration is warranted.

3.  He enlisted in the Regular Army on 2 June 1965 and upon completion of initial entry training was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 6 June 1966 to 4 June 1967, and from 
14 February through 15 May 1968.  Item 40 (Wounds) of his DA Form 20 is blank and the Purple Heart is not listed in item 41 (Awards and Decorations).

5.  He was released from active duty on 3 June 1968.  His DD Form 214 does not show the Purple Heart.

6.  There is no evidence in his Official Military Personnel File (OMPF) that shows he was ever recommended for the Purple Heart or that he was wounded as a result of hostile action.

7.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster.  There is no entry pertaining to the applicant on this roster.

8.  He provides a Combat Operations After Action Report, dated 17 March 1967, which documented an operation named Junction City Alternate.  This document does not show that the applicant was wounded in action.  Entries for the period 10-12 March 1967 were not found within this document.  Included with this document is an undated and unsigned roster of personnel wounded in action.  The applicant's name is listed on this roster as being wounded on 
10 March 1967; however, it does not specify the circumstances surrounding his injury.  It is not clear whether or not the casualty roster is an original part of the after action report.

9.  He also provided four third-party statements in which the authors strongly contended that he was wounded in action on 10 March 1967.  One of the statements is from an individual who indicates he was the unit medic for the applicant's unit in the RVN and states that he treated him for a wound to his right buttock caused by shrapnel or a bullet.  He claims the applicant did not believe the wound was significant enough for him to be medically evacuated.

10.  Army Regulation 600-8-22 (Military Awards) states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the Purple Heart as a result of wounds sustained in action on 10 March 1967.

2.  His OMPF contains no evidence that shows he was wounded as a result of hostile action or that he was treated for any injury.  His DA Form 20 contains no entries which indicate he was ever wounded in action and his name is not included on the Vietnam Casualty Roster.  By regulation, in order to support award of the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action; that it required medical treatment, and a record of this medical treatment must have been made a matter of official record.  

3.  The new evidence provided by the applicant fails to sufficiently substantiate that he was wounded in action and received medical treatment for any such wounds.  Furthermore, there is no official record available showing he was medically treated for wounds sustained as a result of enemy action.  Regrettably, none of the required criteria for award of the Purple Heart has been met in this case.

4.  Based on the above, there is no basis to grant the applicant's request.

BOARD VOTE:

____X____  ____X____  _____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed that there was sufficient evidence to show the applicant was wounded as a result of hostile fire action.  Although there was no evidence of record, the Board believed that the statements provided by the applicant, from persons in positions to know firsthand of the applicant's wounds, combined with other documents provided by him, were credible and were sufficient to verify he was treated for that wound and the wound was made a matter of record.  

2.  Therefore, the Board determined that the overall merits of this case were sufficient to amend the decision of the ABCMR set forth in Docket Number AR20090019387, dated 8 June 2010, by awarding him the Purple Heart for wounds received in action on 10 March 1967.

3.  Further, the applicant was first assigned to the 4th Battalion, 503d Infantry from 6 June 1966 through 4 June 1967 and credited with participation in three campaigns.  That unit was awarded the Meritorious Unit Commendation for the period 5 May 1965 through 4 March 1967 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 20 September 1970.

4.  The applicant was later assigned to the 1st Battalion, 505th Infantry from      14 February through 15 May 1968 through two campaigns.  That unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March through 4 October 1968.

5.  The applicant's participation in five campaigns makes him eligible to wear one silver service star on his already-awarded Vietnam Service Medal.

6.  As a result of the above, the Board recommended that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart for wounds received on 10 March 1967 and

	b.  adding the Purple Heart, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214 and by amending his DD Form 214 to show he is eligible to wear one silver service star on his Vietnam Service Medal.




      _______ _   XXX_______   ___
               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)                                         AR20100026097



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ABCMR Record of Proceedings (cont)                                         AR20100026097



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