BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100027159


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 should have been awarded the Purple Heart for wounds he received from a booby trap explosion in Vietnam in November 1967.  In a self-authored statement, he further states:

	a.  During his tour of duty in Vietnam, he was wounded by shrapnel from an explosive device while performing sweeping patrols through hostile villages and a free-fire zone.

	b.  As a result of the explosion, he had several dozen pieces of shrapnel in both of his legs, his right arm, his face, and his right eye.

	c.  He was medically evacuated for treatment and returned to his unit several days later after most of the shrapnel was removed.

	d.  Upon his return, his company commander advised him that he would receive the Purple Heart; however, his company commander was killed in action a couple of weeks later.


3.  The applicant provides:

* Standard Form 600 (Chronological Record of Medical Care) with entries dated 26 November 1967, 3 December 1967, and 4 December 1967
* Standard Form 89 (Report of Medical History), dated 12 June 1968
* Department of Veterans Affairs Form 21-6796 (Rating Decision), dated 14 April 1980

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 AR20090019146 on 25 May 2010.

2.  The applicant provides a Standard Form 600 and a Standard Form 89 which were not previously considered by the Board; therefore, this new evidence will now be considered by the Board.

3.  The applicant's records show he was inducted into the Army of the United States for a 2-year term on 6 September 1966.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 3 March 1967 to 2 March 1968.  During his service in Vietnam he was assigned to:

* Company C, 54th Infantry Regiment, 97th Military Police Battalion, 16th Military Police Group, from 18 March 1967 to 25 September 1967 as a light weapons infantryman
* Company B, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), from 26 September 1967 to 2 March 1968, as a rifleman, automatic rifleman, and squad leader

5.  On 5 September 1968, he was honorably released from active duty at the expiration of his term of service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) and he was transferred to the U.S. Army Reserve Control Group for the remainder of his service obligation.   His DD Form 214 shows he completed 2 years of net active service during this period, including 1 year of foreign service in Vietnam.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, and his marksmanship qualification badges..

7.  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, failed to reveal any orders for the Purple Heart.

8.  There is no documentation in the available record indicating he was wounded in combat or was previously awarded the Purple Heart.  Likewise, his name is not listed on the Vietnam casualty roster.

9.  He provides:

	a.  a Standard Form 600 which shows he was treated on 26 November 1967 for fragmentary wounds resulting from a hand grenade explosion.  This document further shows he received follow-up care for these wounds on 3 and 4 December 1967; and

	b.  a Standard Form 89, dated 12 June 1968, in which he states he received "fragment wounds from hand grenade."

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

11.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

12.  General Orders Number 5656, Headquarters, 1st Cavalry Division (Airmobile), dated 21 June 1968, awarded him the Bronze Star Medal with "V" Device for heroism on 8 January 1968.  His award orders cite the following reason:

For heroism, not involving participation in aerial flight, in connection with military operations against a hostile force in the Republic of Vietnam.  [Applicant] distinguished himself by exceptionally valorous action on 8 January 1968 while serving with Company C, 1st Battalion, 7th Cavalry, during a combat mission near Landing Zone Ross, Republic of Vietnam.  When his unit became heavily engaged with a large enemy force, [Applicant] and three other men assaulted an enemy position, firing their weapons and throwing grenades.  The men were successful in routing the enemy and prevented the company from taking further casualties.

13.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

14.  General Orders Number 238, Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 3 September 1968, awarded him the Army Good Conduct Medal (1st Award) for the period 6 September 1966 through 5 September 1968.

15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal and states 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, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January 1968-1 April 1968)

16.  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 Company C, 54th Infantry Regiment, to which the applicant was assigned, was cited for the Meritorious Unit Commendation for service for the period 1 May 1967 to 30 April 1968 by Department of the Army General Orders (DAGO) Number 55, dated 1968.

17.  Department of the Army Pamphlet 672-3 further shows Company B, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), to which the applicant was assigned, was cited for the:

* Valorous Unit Award for the period 1 through 31 October 1967 by DAGO Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 through 19 May 1969 by DAGO Number 70, dated 1969

18.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for reconsideration of his earlier request for correction of his DD Form 214 to show award of the Purple Heart has been carefully considered and is found to have merit.

2.  The evidence of record shows the applicant was wounded, received medical treatment for his wounds on 26 November 1967, and the treatment was made part of his official record.  Although the evidence does not clearly substantiate that his wounds were the result of enemy action, it is reasonable to presume so and any doubt should be ruled in his favor.  Therefore, it would be appropriate to award him the Purple Heart and to correct his DD Form 214 to show this award.

3.  General orders awarded him the Bronze Star Medal with "V" Device which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The evidence of record shows he held an infantry MOS and was assigned to an infantry platoon within a cavalry regiment in Vietnam.  General orders awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and to correction of his DD Form 214 to show this award.

5.  General orders awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  Records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his already-awarded Vietnam Service Medal.

7.  General orders awarded his units of assignment in Vietnam the Valorous Unit Award, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

8.  The evidence of record shows he served a qualifying period of honorable active service for award of the National Defense Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 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 is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20090019146, dated 25 May 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 sustained as a result of hostile action on 26 November 1967 and the Combat Infantryman Badge and

	b.  amending item 24 of his DD Form 214 to add:

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Valorous Unit Award
* Meritorious Unit Commendation
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge



      _________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100027159



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