IN THE CASE OF:	  

		BOARD DATE:  23 February 2012

		DOCKET NUMBER:  AR20110016493 


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 correction of his DD Form 214 (Armed Forces of the United Report of Transfer or Discharge) to show he was awarded the Purple Heart.

2.  The applicant states:

* when he submitted his last application he did not think a lot of information needed to be sent
* he assumed his records would show what was needed
* he had no idea he was not on the Vietnam Casualty List or that there was no record of him being wounded in combat
* the ABCMR Proceedings states he served in Vietnam from 28 August 1967 to 27 March 1968
* he left Vietnam on 10 February 1968 for Drake Hospital and was hospitalized until 27 March 1968
* it's odd that his family, friends, the newspapers, and the whole town of Amite, Louisiana, knows where he was and what happened to him, but the Army does not
* he is 64 years old and he should not have to worry about this, but it's the principle of the matter
* if he had noticed the mistake he would have fought a lot earlier and harder in his life to have it fixed
* his house burned down in 1993 and his Purple Heart was destroyed
* 
the Purple Heart Certificate was at his mother's house along with letters that she kept stating he was wounded when he was leaving Japan

3.  The applicant provides:

* Self-authored, undated letter
* The Armored Sentinel, Fort Hood, Texas, newspaper articles
* Local newspaper article entitled "Johnny Conti Injured In Viet Nam"
* A copy of a photograph of himself and another Soldier
* A letter, dated 5 July 2011
* Purple Heart Certificate, dated 3 February 1968
* Board of Veterans Appeals Finding and Decision, dated 3 April 1970
* Army Review Boards Agency letter, dated 11 August 2011

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 AR20100026136, on 4 May 2011.

2.  The newspaper articles, photograph with statement on the back, and the certificate indicating award of the Purple Heart are new documentary evidence requiring Board consideration.

3.  During the original review of the applicant's case there was no evidence available to show he was wounded or injured as a result of hostile action during his period of service in Vietnam and was awarded the Purple Heart.  There are no orders in the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) confirming he was awarded the Purple Heart.  His name does not appear on the Vietnam Casualty Listing as a battle casualty.  Therefore, the Board concluded there was insufficient evidence to support award of the Purple Heart.

4.  The applicant was inducted into the Army of the United States on 27 September 1966.  He completed training as an armor intelligence specialist.  His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 28 August 1967.  He was assigned to Troop B, 1st Squadron, 11th Armored Cavalry Regiment and he participated in the following two campaigns:

* the Vietnamese Counteroffensive Phase III Campaign, which extended from 1 June 1967 through 29 January 1968
* the Tet Counteroffensive Campaign, which extended from 30 January through 1 April 1968

5.  His DA Form 20 shows he departed Vietnam en-route to the U.S. on
27 March 1968.  He arrived at the Medical Holding Company, Brooke General Hospital, Fort Sam Houston, Texas, as a patient on 28 March 1968.

6.  The applicant was assigned to Headquarters and Headquarters Company, 2nd Battalion, 81st Armor, 1st Armored Division, Fort Hood, Texas, on 29 May 1968.  His DA Form 20 shows his conduct and efficiency ratings were excellent while he was in the Army.

7.  He was honorably released from active duty on 13 September 1968 and was transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:

* National Defense Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal with one bronze service star
* Expert Marksmanship Qualification Badge (Machine Gun M-60)
* Republic of Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

8.  His DD Form 214 does not show he was awarded the Purple Heart.  There is no evidence contained in his official military record showing he was wounded as a result of action by enemy forces while he was in Vietnam.

9.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, or statements that would justify his disqualification for award of the Army Good Conduct Medal.

10.  The applicant submits a newspaper article from the Armored Sentinel, Fort Hood, Texas, showing he won most valuable player in the Fourth U.S. Army Softball Championship.  The article states the applicant "a ground surveillance radar operator in the 2nd Battalion, 81st Armor, is also a combat Veteran.  While serving with the 11th Calvary in Vietnam earlier this year, he was wounded in the head and eyes by shrapnel and had to be evacuated first to Japan and then to Brooke Army Medical Center at San Antonio, Texas."

11.  The applicant also submits an article from what he states to be a local newspaper.  This article states that the applicant's parents received word that he was injured in Viet Nam.  His father said that "his son was wounded on 
28 January while probing for mines.  He received injuries to his eyes and ears."  His father stated that he was hospitalized in Vietnam, but was to be transferred to Japan in the near future.

12.  The applicant submits a letter from an individual who contends she visited him twice when he was hospitalized in Japan.  She states he had been severely wounded while serving with the Army in Vietnam when his tank was blown up by a land mine near Lah Khe on 29 January 1968.

13.  On the reverse side of the photograph he submits is a statement from an individual who states he was a sergeant with the 9th Infantry and he was contacted by the Red Cross on or about 4 February 1968.  He states he went to the field hospital in Bien Hoa, Vietnam, to see the applicant who had just been wounded.

14.  The applicant submits a copy of a Purple Heart Certificate, dated 3 February 1968, which shows he was wounded in action on 29 January 1968, in the Republic of Vietnam.

15.  The Board of Veterans Appeals Findings and Decision he submits, dated 3 April 1970, stating that on 29 January 1968, he was struck by mine fragments about the face, upper extremities, and body, with diagnosis on 12 February 1968, including vitreous hemorrhage, right eye, and ruptured tympanic membranes.  In "The Evidence" part of the decision it states that the applicant's service medical records, including recently received records, reveal that on 29 January 1968, he was struck by shell fragments.

16.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

17.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must not have been any court-martial convictions.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 to 10 August 1968 by Department of the Army General Order (DAGO) Number 60, dated 1969
* Valorous Unit Award for the period 31 January 1968 to 5 February 1968 by DAGO Number 12, dated 1969

19.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The evidence he submits supports his contention that he was awarded the Purple Heart.  He submits statements from individuals contending they visited him while he was hospitalized in Vietnam and also while he was in Japan.  He submits a newspaper article that reports he was wounded while probing for mines and was subsequently evacuated to Japan for medical treatment.  

3.  Notwithstanding the fact that his name does not appear on the Vietnam Casualty Listing, the available evidence is sufficiently convincing to warrant a correction of his DD Form 214 to show he was awarded the Purple Heart for wounds received as a result of action by enemy forces on 29 January 1968.




4.  His records show he is also authorized the following awards:

* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* an additional bronze service star to be affixed to his already-awarded Vietnam Service Medal with one bronze service star

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 ABCMR’s decision in Docket Number AR20100026136, dated 4 May 2011.  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 Vietnam Service Medal with one bronze service star, and

	b.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* 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)                                         AR20110016771



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ABCMR Record of Proceedings (cont)                                         AR20110016493



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