IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110004997
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 previous request for award of the Purple Heart.
2. The applicant states he should have been awarded the Purple Heart.
3. The applicant provides a Chronological Record of Medical Care.
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 AR20090004991 on 4 August 2009.
2. The applicant provides a Chronological Record of Medical Care which was not previously considered by the Board. Therefore, it is new evidence which warrants consideration by the Board.
3. The applicant was inducted into the Army on 24 September 1965 and was awarded military occupational specialty 67N (Turbine Utility Helicopter Mechanic) upon completion of initial entry training.
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 22 March 1966 to
19 October 1967. Item 40 (Wounds) is blank and item 41 (Awards and Decorations) does not list the Purple Heart.
5. There are no orders in his records awarding him the Purple Heart.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal orders for the Purple Heart pertaining to the applicant.
7. He was honorably released from active duty on 23 September 1967. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service is not available.
8. He was recalled to active duty on 24 September 1967 and released from active duty on 22 October 1967. His DD Form 214 for this period of service, as amended by a DD Form 215 (Correction to DD Form 214), dated 19 October 2009, shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the following:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal
* Bronze Star Medal with "V" Device
* Army Commendation with "V" Device
* Air Medal (13th Oak Leaf Cluster)
* Distinguished Flying Cross
* Good Conduct Medal.
9. He provided a Chronological Record of Medical Care which shows that on
10 June 1967, he received shrapnel wounds to his lower left leg from ground enemy fire while making a combat assault.
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.
11. Army Regulation 600-8-22 contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN. Appendix B shows the campaigns for the RVN. During his tour in the RVN, he participated in three campaigns:
* Vietnamese Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnamese Counteroffensive Phase II - 1 July 1966 - 31 May 1967
* Vietnamese Counteroffensive Phase III - 1 June 1967 - 29 January 1968
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to the Purple Heart has been carefully considered.
2. Service medical records confirm he received shrapnel wounds from enemy fire while conducting a combat assault. Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.
3. He was awarded the Vietnam Service Medal with two bronze service stars; however, he participated in three campaigns while in the RVN; therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to reflect the appropriate campaigns participation.
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 ABCMRs decision in Docket Number AR20090004991, dated 4 August 2009. 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 actions on 10 June 1967;
b. deleting the Vietnam service Medal with two bronze service stars from item 24 of his DD Form 214; and
c. adding to item 24 of his DD Form 214 the Purple Heart and the Vietnam Service Medal with three bronze service stars.
.
___________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) AR20110004997
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ABCMR Record of Proceedings (cont) AR20110004997
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