IN THE CASE OF:	  

		BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110009496 


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 award of the Purple Heart.

2.  The applicant states he was recommended for the award of the Purple Heart at the time he was injured.  No Purple Hearts were available before he was air-evacuated for other reasons.

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a Chronological Record of Medical Care
* a DD Form 1380 (U.S. Field Medical Card)

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Regular Army on 15 November 1967 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 67N (UH-1 Helicopter Repairman).  He previously served 6 days of active duty.

2.  He served in the Republic of Vietnam from 27 October 1968 to 19 September 1969.

3.  A Western Union telegram sent to his parents, dated 12 May 1969, reported he was slightly wounded when he fell at base camp while running for cover during a mortar attack by a hostile force.  He received a contusion to his left hip.  He was treated and returned to duty.

4.  A message released by the Commanding General, U.S. Army Vietnam, dated 12 May 1969, reported he was not seriously wounded, he sustained a contusion to his left hip when he fell while running for cover during a hostile mortar attack.  The message identified his unit as the 92nd Assault Helicopter Company.

5.  Headquarters, 1st Aviation Brigade, General Orders Number 4340, dated 1 September 1969, awarded him the Air Medal for meritorious achievement during aerial flight during the period 7-14 June 1969.  The orders identify his unit as the 92nd Aviation Company (Assault Helicopter).

6.  A DD Form 1380 reports that he received a laceration to his right leg and a small laceration under his nose on 26 August 1969 while loading a patient on a medical evacuation (MEDEVAC) helicopter.  The form indicates the injury was due to enemy action.  The back of the form contains notes that the Purple Heart was recommended, was not available at that station, and was not awarded at that station.

7.  An entry on a Chronological Record of Medical Care, dated 26 August 1969, states the applicant reported with small lacerations of his right lower leg and his upper lip.  He received these wounds from enemy fire while trying to MEDEVAC a patient.  The award of the Purple Heart was recommended.

8.  He is listed on the Vietnam casualty listing.  The listing shows his casualty status as hostile, wounded in action, not serious, not hospitalized.  The listing reports the date of casualty as 26 August 1969.

9.  He was released from active duty on 3 November 1970.  He completed 2 years, 11 months, and 19 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 indicates he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Army Good Conduct Medal

10.  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 awarding him the Purple Heart.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to the 92nd Aviation Company the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 October 1967 to 11 January 1971.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained 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 medical treatment, and the medical treatment must have been made a matter of official record.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  The key issue that commanders must take into consideration when awarding the Purple Heart is the degree to which the enemy caused the injury.

	b.  Based on his dates of service in Vietnam, table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers), shows he served during the following campaigns:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)

	c.  Award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal which, in this case, is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The message from the Commanding General, U.S. Army Vietnam, and the Western Union telegram both state he was slightly wounded when he fell while running for cover during a mortar attack by a hostile force.  If the camp had not been under mortar attack by enemy forces, he would not have been running for cover.  This shows his wound was a direct result of the mortar attack.  Therefore, there is sufficient evidence to award him the Purple Heart for wounds received in action on 12 May 1969.

2.  The DD Form 1380 and the Chronological Record of Medical Care both document he received small lacerations of his right lower leg and upper lip on 26 August 1969 as a result of enemy action.  Both documents state award of the Purple Heart was recommended.  The Vietnam casualty listing shows he was not seriously wounded in action on 26 August 1969.  Therefore, there is sufficient evidence to award him a second Purple Heart for wounds received in action on 26 August 1969.

3.  He was awarded the Air Medal.  Therefore, this award should be added to his DD Form 214.

4.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.

5.  Based on his service with the 92nd Aviation Company, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should be added to his DD Form 214.

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 a recommendation for relief.  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 in action in the Republic of Vietnam on 12 May 1969;

	b.  awarding him the Purple Heart (2nd Award) for wounds received in action in the Republic of Vietnam on 26 August 1969; and

	c.  amending item 24 of his DD Form 214 to include the:

* Purple Heart (2nd Award)
* Air Medal
* four bronze service stars for his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ____________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)                                         AR20110009496



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ABCMR Record of Proceedings (cont)                                         AR20110009496



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