IN THE CASE OF:	  

		BOARD DATE:  11 September 2012

		DOCKET NUMBER:  AR20120003718 


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 request for award of the Purple Heart.

2.  The applicant states some of the information relied upon concerning his injury in his original request was incorrect.  He states:

* he was a member of a two-man explosive ordnance disposal (EOD) detachment that was sited at Landing Zone (LZ) English, the main base camp for the 2nd Battalion, 503rd Parachute Infantry Regiment,
173rd Airborne Brigade
* on the day he was injured, a call was received for EOD assistance at an Army of the Republic of Vietnam/Military Assistance Command Vietnam compound in the hamlet of Phu My where mines were being found in the perimeter

* the operation to clear these mines had been an on-going action for the on-site team
* the mines had been placed there to interdict the enemy that regularly tried to attack the base at Phu My
* on 2 July 1970, Sergeant J____ J. M____ was wounded during the mine-clearing operation and was awarded the Purple Heart
* on 12 July 1970, he (the applicant) was wounded during an EOD breaching operation and suffered a traumatic amputation of his right foot
* he was awarded the Purple Heart in the same order as Sergeant M____
3.  The applicant provides a copy of Headquarters, 67th Evacuation Hospital, General Order Number 157, dated 15 July 1970.

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 AR20100022224 on 24 March 2011.

2.  The applicant provides a copy of Headquarters, 67th Evacuation Hospital, General Order Number 157, dated 15 July 1970, as new evidence which warrants consideration by the Board.

3.  The applicant was inducted into the Army of the United States on 28 March 1967.  He was awarded military occupational specialty (MOS) 55D (Explosive Ordnance Disposal Specialist).

4.  He deployed to Vietnam on 16 November 1968.

5.  He was honorably discharged on 27 September 1969 for the purpose of immediate enlistment in the Regular Army and enlisted in the Regular Army for a period of 4 years on 28 September 1969.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) that he served in Vietnam from 14 November 1968 through 17 July 1970;

	b.  item 38 (Record of Assignments) that he served in MOS 55D while assigned to the:

* 25th Ordnance Detachment (EOD) from 19 November 1968 through 6 February 1970
* 170th Ordnance Detachment (EOD) from 7 February through 30 April 1970
* 25th Ordnance Detachment (EOD) from 1 May through 16 July 1970

	c.  item 40 (Wounds) that he sustained an ankle amputation of his right foot and traumatic scrotal repair orchiectomy of his left testicle on 12 July 1970; and
7.  U.S. Army Vietnam message, date-time-group 132035Z July 1970, subject:  Casualty Report, shows the applicant was injured at 1000 hours, 12 July 1970, while he was clearing a mine field and detonated a friendly mine.  He was admitted to the 67th Evacuation Hospital for treatment of the injury.

8.  A DA Form 199 (Physical Evaluation Board (PEB) Proceedings) shows a board convened on 8 October 1970 to consider the applicant's disabilities (amputation, right lower extremity below knee; absence, acquired, left testicle) and found he was physically unfit for military service, that his injuries were a direct result of armed conflict, and the injuries were caused by an instrumentality of war.  The PEB recommended permanent retirement of the applicant.

9.  The applicant's final DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he entered active duty in the Regular Army on 28 September 1969 and he was honorably retired on 12 November 1970 based on physical disability.  He completed 1 year, 1 month, and 15 days of active service during this period; 2 years and 6 months of prior active service; and 3 years, 7 months, and 15 days of total service.  It also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal
* one overseas service bar
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

10.  A review of the Adjutant General's Office Casualty Division's Vietnam casualty roster shows the applicant's name is listed as a casualty on 12 July 1970 under casualty status code 53 (non-hostile wounded/ill/injured, not serious).

11.  In his initial request, the applicant provided a 533rd Ordnance Detachment EOD Control memorandum, dated 25 January 1971, subject:  EOD Activities (1 July-31 December 1970), which shows the applicant:

* was injured on 12 July 1970 while removing mines from the perimeter wire at LZ English
* accidentally stepped on another M14 resulting in the amputation of his right foot
* was awarded the Purple Heart

12.  In support of his request for reconsideration, the applicant now provides a copy of Headquarters, 67th Evacuation Hospital, General Order Number 157, dated 15 July 1970, which he obtained from the National Personnel Records Center, St. Louis, Missouri.  This order shows the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 12 July 1970.  These orders also show Sergeant First Class J____ J. M____, 25th Ordnance Detachment, was awarded the Purple Heart with 1st Oak Leaf Cluster for wounds received in action on 2 July 1970.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was 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.

14.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown in his records.

15.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign and that one silver service star may be worn in lieu of five bronze service stars; and

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows the following campaigns coinciding with the applicant's service in Vietnam:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to the 25th Ordnance Detachment:

	a.  the detachment was awarded the Meritorious Unit Commendation for the period 1 January-31 December 1969 by Department of the Army General Orders (DAGO) Number 2, dated 1971; and 

	b.  Headquarters, U.S. Army Vietnam, and its subordinate units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965-28 March 1973 by DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in connection with military operations in the Republic of Vietnam on 12 July 1970.  Therefore, it would be appropriate to correct his records to show award of the Purple Heart.

2.  The applicant qualified for award of the Vietnam Service Medal and he participated in six campaigns during his service in Vietnam.  Thus, he is entitled to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal.
 
3.  General orders awarded the applicant's unit the:

* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show the awards and decorations as recommended below.

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 Number AR20100022224, dated 24 March 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Vietnam Service Medal with three bronze service stars from his DD Form 214 for the period ending 12 November 1970 and adding award of the:

* Purple Heart
* Meritorious Unit Commendation
* Vietnam Service Medal with one silver service star and one bronze service star
* 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)                                         AR20120003718



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120003718



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1