BOARD DATE: 15 March 2012
DOCKET NUMBER: AR20110018585
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 (PH).
2. The applicant states he was injured in the line of duty in Vietnam but was not awarded the PH. He was a member of Battery B, 6th Battalion, 14th Field Artillery.
3. The applicant provides his permanent disability retirement orders.
CONSIDERATION OF EVIDENCE:
1. The applicant is a retired Regular Army staff sergeant/E-6 who was retired by reason of physical disability.
2. The applicant was transferred to Vietnam on or about 26 November 1969 and assigned to Battery B, 6th Battalion, 14th Field Artillery, as a communications chief. On 18 February 1970, his unit was engaging the enemy. The applicant "
was injured when [a] 90-milimeter round blew up in [his] hand when he was attempting to refire it." The incident caused the traumatic amputation of the applicant's right thumb and tip of his right fifth finger.
3. The applicant was medically evacuated through Vietnam and Japan to Fort Sill, OK, where he underwent physical disability processing in March 1970. He remained on active duty until 1977 when he again underwent physical disability processing and was found to be unfit. He retired on 1 July 1977.
4. Army Regulation 600-8-22 (Military Awards) states the PH is awarded to any member who, while serving under competent authority in any capacity with one of the Army Services, has been wounded or killed or who has died or may hereafter die after being wounded:
* in any action against an enemy of the United States
* in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged
* while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party
* as a result of an act of any such enemy of opposing armed forces
* as a result of an act of any hostile foreign force
* after 23 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate Armed Services concerned if persons from more than one Service are wounded in the attack
* after 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force
5. Included as part of the Department of Defense Appropriations Act for Fiscal Year 1994 was an amendment to the rules governing award of the PH. While the original rules established that the PH would be awarded to individuals killed or wounded as a result of hostile action, the amendment enabled the Secretaries of each Department to award the PH to members of the Armed Forces who were killed or wounded in action by weapons fire while directly engaged in armed conflict other than as the result of an act of an enemy of the United States. This ruling granted the Service Secretaries the authority to award the PH to individuals directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."
6. Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Qualifying service also included temporary duty for 30 consecutive or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. The applicant's records show he participated in the Vietnam Winter-Spring 1970 campaign during his Vietnam service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the PH was carefully considered and deemed to have merit.
2. On 18 February 1970, the applicant was participating as a member of a field artillery battery in the delivery of ordnance against the enemy. As he was attempting to refire a 90-milimeter round, it exploded in his hand causing the traumatic amputation of his right thumb and tip of his right fifth finger.
3. Under rules established by the Fiscal Year 1994 Department of Defense Appropriations Act, such incidents were deemed to qualify for award of the PH. The applicant is therefore entitled to award of the PH based on a "friendly fire" incident.
4. The applicant participated in one campaign during the Vietnam War. He is entitled to wear one bronze service star on his already-awarded Vietnam Service Medal.
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:
* awarding him the PH for wounds received in action against a hostile enemy on 18 February 1970 in the Republic of Vietnam
* adding the PH to his DD Form 214
* adding one bronze service star to his already-awarded Vietnam Service Medal shown on his DD Form 214
___________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) AR20110018585
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ABCMR Record of Proceedings (cont) AR20110018585
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