IN THE CASE OF:	  

		BOARD DATE:  7 June 2012

		DOCKET NUMBER:  AR20110024600 


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, through his Member of Congress, reconsideration of his earlier request for correction of his records to show award of the Purple Heart.

2.  The applicant states he was injured in the vicinity of 50 miles north of Saigon at a fire base.  On 14 January 1970, while walking up a hill to get more supplies, he lost his footing and he landed on a punji stick, which penetrated his left leg.  On 19 January 1970, he was transferred to Japan and on 5 February 1970, he was transferred to Letterman General Hospital in San Francisco, CA.

3.  The applicant provides:

* DA Form 8-275 (Clinical Record Cover Sheet), dated 16 March 1970
* Standard Form 502 (Clinical Record - Narrative Summary), dated
27 March 1970
* Standard Form 504 (Clinical Record – History – Part I), dated 5 February 1970
* Surgeon General (SG) Form 82 (Patient Administrative Record), dated
5 February 1970
* 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 AR20070011559 on 20 December 2007.

2.  The applicant submitted various clinical record documents that were not previously reviewed.  Therefore, they are considered new evidence that warrant consideration by the Board.

3.  The applicant was inducted into the Army of the United States on 19 June 1969 and held military occupational specialty 11B (Light Weapons Infantryman).

4.  His record shows he served in the Republic of Vietnam from 11 November 1969 to 20 February 1970.  He was assigned to the 3rd Battalion, 506th Infantry, 101st Airborne Division. 

5.  On 14 January 1970, he sustained a wound when he stepped on a punji stick (a booby trap commonly employed by the Viet Cong) that penetrated his left calf.  He was initially treated in theater but later transferred to Japan for additional treatment on 19 January 1970 and ultimately to Letterman General Hospital on 20 February 1970.  The various clinical records he provides clearly show the injury was a result of enemy action.

6.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he departed Vietnam in a patient status on 20 February 1970.

7.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 18 June 1971.  His DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), dated 25 July 2008, shows the:

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant was not available for review with his original case.  He now provides multiple medical documents that show he sustained a combat injury in Vietnam when he stepped on an enemy punji stick that punctured his left calf on 14 January 1970.  He was treated in theater as well as in Japan and at Letterman General Hospital in San Francisco.  As such, there appears to be sufficient evidence to show he met the criteria for award of the Purple Heart.  Therefore, he should be awarded the Purple Heart for wound received in action in Vietnam on 14 January 1970 and his DD Form 214 should be corrected to show this award.

2.  He served in Vietnam from 11 November 1969 to 19 January 1970.  Although this period of service was less than 6 months, the fact that he had qualified for 

award of the Vietnam Service Medal and he was evacuated prior to completing
6 months of service due to wounds resulting from hostile action entitles him to award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

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 AR20070011559, dated 20 December 2007.  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 Vietnam on 14 January 1970 and

	b.  Adding to his DD Form 214 the:

* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)



      ____________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)                                         AR20110024600



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024600



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1