IN THE CASE OF:	  

		BOARD DATE:	  17 May 2012

		DOCKET NUMBER:  AR20110021068 


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, via a Member of Congress, reconsideration of an earlier request to correct a:

   a.  Standard Form (SF) 600 (Chronological Record of Medical Care), dated 17 July 1967, to read "Pt in explosion 13 July…" instead of "Pt in explosion 
15 July …"

   b.  SF 600, dated 15 July 1967 to read "Pt involved in enemy action…" instead of "Pt involved in accident…"

   c.  medical note, dated 15 July 1967, to read "Pt has been in enemy action involving…13 Jul 67" instead of "Pt has been in an accident involving…"

2.  The applicant states:

	a.  He sustained injuries as a result of an enemy action, not an accident, in Vietnam on 13 July 1967, not 15 July 1967. 

   b.  The medical records are in error and unjust.

   c.  These records are personal and they affect him.

   d.  "The entry writers were not witnesses and misconstrued facts or repeated a previous error."

   e.  The 17 July 1967 SF 600 states "2 days ago" which indicates the action occurred on 13 July 1967 and makes the entry in error.

   f.  The affidavit evidence shows an accident did not occur.  Any overheating, breaking up, bursting, blowing off or explosion of a gun or gun cover was as a result of being in action with the enemy and receiving hostile fire which makes the entries in the 15 July 1967 SF 600 and medical note in error.   

	g.  On 18 August 2011, the Awards and Decorations Branch, U.S. Army Human Resources Command, Fort Knox, KY awarded him the Purple Heart for wounds received as a result of hostile action on 13 July 1967 in Vietnam.

3.  The Member of Congress states the material fact that one command in the Army has reviewed the supporting documentation and issued the Purple Heart should be justification enough to correct the applicant's medical records.

4.  The applicant provides:

* Letters from a Member of Congress, dated 11 October 2011 and 29 November 2011
* Personal statements, dated 30 August 2011 and 29 December 2011
* SFs 600, dated between February 1966 and August 1967
* A medical note, dated 15 July 1967
* Statement, dated 28 July 2011, from the driver at the time in question
* Permanent Orders, dated 18 August 2011, for the Purple Heart
* DD Form 215 (Correction to DD Form 214), dated 23 August 2011, adding the Purple Heart to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 AR20100028429 on 9 June 2011.

2.  The Purple Heart orders and the statement from the driver in question are new evidence that will be considered by the Board. 

3.  The applicant was inducted into the Army on 19 November 1965.  He served as an automatic weapons crewman in Vietnam from 20 October 1966 to 
7 October 1967.

4.  He provided:

* an SF 600, dated 17 July 1967, which states "Pt in explosion 15 July"
* an SF 600, dated 15 July 1967, which states "Pt involved in accident" and "2 days ago" (which would have been 13 July 1967)
* a medical note, with an aid station date stamped 15 July 1967, which states "Pt has been in an accident"  

5.  He was honorably released from active duty on 12 October 1967.  

6.  His DD Form 214 does not show the Purple Heart as an authorized award.

7.  He provided a statement, dated 28 June 2011, from the driver at the time in question.  He attests while on a security mission on 13 July 1967 the applicant was injured during enemy action.

8.  Permanent Orders 230-02, dated 18 August 2011, show he received the Purple Heart for wounds received as a result of hostile action on 13 July 1967 in Vietnam.

9.  A DD Form 215, dated 23 August 2011, amended his DD Form 214 by adding the Purple Heart. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows on 18 August 2011 the Awards and Decorations Branch, U.S. Army Human Resources Command, awarded the applicant the Purple Heart for wounds received as a result of hostile action on 13 July 1967 in Vietnam.

2.  The applicant's Member of Congress’s contention that one command in the Army has reviewed the supporting documentation and issued the Purple Heart should be justification enough to correct the applicant's medical records appears to have merit. 

3.  Since the Purple Heart orders refute the service medical record entries in question, these orders are accepted as sufficient evidence on which to correct his medical records by amending:

   a.  The SF 600, dated 17 July 1967, to read "Pt in explosion 13 July…" instead of "Pt in explosion 15 July …"

   b.  The SF 600, dated 15 July 1967 to read "Pt involved in enemy action…" instead of "Pt involved in accident…"
   c.  The medical note, dated 15 July 1967, to read "Pt has been in enemy action involving…13 Jul 67" instead of "Pt has been in an accident involving…"

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 AR20100028429, dated 9 June 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending:

	a.  The SF 600, dated 17 July 1967, to read "Pt in explosion 13 July…" instead of "Pt in explosion 15 July…";

	b.  The SF 600, dated 15 July 1967, to read "Pt involved in enemy action…" instead of "Pt involved in accident…"; and

	c.  The medical note, dated 15 July 1967, to read "Pt has been in enemy action involving…13 Jul 67" instead of "Pt has been in an accident involving…"




      _______ _  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)                                         AR20110021068



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ABCMR Record of Proceedings (cont)                                         AR20110021068



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