IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110015849
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 with one oak leaf cluster.
2. The applicant states when he previously applied to the Board the medical documents/records were not available to corroborate his claim.
3. The applicant provides copies of his medical records which were on loan to the Department of Veterans Affairs (VA).
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 AR20090001354 on 19 May 2009.
2. The applicant provides medical documents that were not previously available to the Board. Therefore, they are new evidence and warrant consideration by the Board.
3. The applicant was inducted into the Army of the United States on
13 September 1967. He completed his training as a light weapons infantryman and he was transferred to Vietnam on 28 February 1968.
4. The applicant was wounded in action on 25 May 1968 (shrapnel to the back) for which he was awarded the Purple Heart which is shown in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214.
5. At the time the Board reviewed the applicants previous application his treatment records were not available for review. Accordingly, the Board did not award him the second award of the Purple Heart.
6. A DA Form 8-275-3 (Clinical Record Cover Sheet), dated 21 June 1968, shows he was wounded in action on 20 June 1968 in Vietnam when a booby trap exploded. He was diagnosed with multiple fragment wounds to his left leg, right leg, and right arm. This record indicates the Purple Heart was not awarded.
7. Other medical documents, such as follow-on DA Forms 8-275-3, Standard Forms (SF) 509 (Clinical Record Doctor's Progress Notes), SFs 516 (Clinical Record Operation Report), SFs 502 (Clinical Record Progress Notes) corroborate the applicant's wounding in Vietnam on 20 June 1968.
8. 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 applicants contention that he is entitled to a second award of the Purple Heart has been noted and found to have merit.
2. The applicant has provided copies of his military medical records that show he was wounded in action in Vietnam on 20 June 1968 and that he was treated for his wounds.
3. Accordingly, he is entitled to a second award of the Purple Heart and correction of his DD Form 214 to show this award.
4. The applicant and all others should know that the sacrifices the he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
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 AR20090001354, dated 19 May 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 24 of his DD Form 214 the Purple Heart;
b. awarding him the Purple Heart (2nd Award) for wounds received in action in Vietnam on 20 June 1968; and
c. adding to item 24 of his DD Form 214 the Purple Heart (2nd Award).
_______ _ 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) AR20110015849
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ABCMR Record of Proceedings (cont) AR20110015849
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