IN THE CASE OF:	  

		BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120002530 


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 earlier request for correction of his records to show award of the Purple Heart.

2.  The applicant states, in effect, that his original DA Form 20 (Enlisted Qualification Record) confirms he received a fragment wound to the head, elbow, and leg on 10 February 1968.

3.  The applicant provides:

* DA Form 20
* Standard Form (SF) 600 (Chronological Record of Medical Care), dated 27 February 1968
* Department of Veterans Affairs (VA) letter dated 5 February 2012 with page 2 of his VA claim form
* Letter of support from the Junior Vice Commander, Department of Georgia, Military Order of the Purple Heart (MOPH)

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 AR2010028810, on 27 July 2011.

2.  During its original review of the case, the Board determined the applicant's available record did not show and he did not provide conclusive evidence to show that his wounds were the result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter official record.   Consequently, his request for award of the PH was denied.

3.  His military records show he was inducted into the Army of the United States on 25 July 1967.  During this period of service he was assigned to Company C, 39th Engineer Battalion (Combat) in the Republic of Vietnam from 2 December 1967 to 9 December 1968 and he served as a 12A (Pioneer) and a 12B (Combat Engineer).

4.  He was honorably released from active duty on 24 July 1969.  His
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 2 years of creditable active duty service.  It shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with 1960 Device, Vietnam Service Medal, two overseas service bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant now provides:

   a.  A DA Form 20, which shows in item 40 (Wounds) that on 10 February 1968, he sustained fragment wounds to his head, elbow, and leg;
   
   b.  A chronological record of medical care which shows that on 27 February 1968 he was treated at the 11th Brigade Clearing Station in the Republic of Vietnam.  The entry reads:  “Recurrent left frontal headache since removal of fragments 2 weeks ago.  Fragment wound sustained 1 month ago, no headache until fragment removal";
   
   c.  Page 2 of his VA claim form in which he indicated that he received treatment at an Army Hospital in Chu Lai, Vietnam in 1968 for shrapnel wounds to the right side of his head and right arm; and
   
   d.  A letter of support from the Department of Georgia MOPH which states, in effect, the applicant's DA Form 20 constitutes his formal and permanent military record and on its face should qualify all other pertinent records to be corrected to show that the applicant is a combat-wounded veteran who qualifies for the Purple Heart.

6.  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.

7.  A review of his records indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good Conduct Medal (AGCM).

9.  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.  There must have been no convictions by a court-martial.  

10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, he participated in the following five campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (20 January 1968 - 1 April 1968)
* Vietnam Counteroffensive IV (2 April  - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 -22 February 1969)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 39th Engineer Battalion, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by Department of the Army General Orders (DAGO) Number 8, dated 1974
* Meritorious Unit Commendation for the period 1 January 1966 through 
20 January 1968, by DAGO Number 39, dated 1970

12.  Army Regulation 600-200 (Enlisted Personnel Management System), as in effect at the time, provided instructions for the completion of the DA Form 20.  Paragraph 9-53 specified entry in Item 40 of a brief description of wounds or injuries (including injury from gas) received through hostile or enemy action requiring medical treatment and/or hospitalization.  The date wounded or injured was also to be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reconsideration of his previous application for award of the Purple Heart.

2.  The origin of the wounds is still unclear, but a preponderance of the evidence weighs in the applicant's favor.  Regulatory guidance specified to enter in Item 
40 of the DA Form 20 a brief description of wounds or injuries received through hostile or enemy action requiring medical treatment and/or hospitalization. 

3.  As new evidence, he provided his DA Form 20 which shows in Item 40 the entry "Fragment Wound, Head, Elbow, Leg."  Although there are no medical records that show he was treated at the time of his injury, subsequent medical records show he suffered from reoccurring headaches after having shrapnel removed from his head.  It can be presumed that his injuries were sustained while performing his duties as a combat engineer in the Republic of Vietnam and were the result of enemy action.  Further, the record shows he received treatment for these injuries, and that treatment was made a matter of record; therefore, he is authorized award of the Purple Heart and correction of his records to show this award.

3.  General orders awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214.  He is entitled to have these unit awards listed on his DD Form 214.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in five campaigns while serving in the Republic of Vietnam.  He is entitled to one silver service star to be affixed to his already-awarded Vietnam Service Medal.

5.  He served honorably from 25 July 1967 through 24 July 1969.  He served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected 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 the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket AR2010028810, dated 27 July 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
25 July 1967 through 24 July 1969 and the Purple Heart for injuries sustained on 10 February 1968; and

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* One silver service star for his previously-awarded Vietnam Service Medal
* Meritorious Unit Commendation 
* 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)                                         AR20120002530





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ABCMR Record of Proceedings (cont)                                         AR20120002530



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