IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120006319
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, through his congressman, requests reconsideration of his request to be awarded the Purple Heart (PH).
2. The applicant states he found hospital records dated 13 May 1968 from the 6th Convalescent Center, Cam Ranh Bay, Republic of Vietnam (RVN) that show an injury received from hostile enemy fire which proves he is entitled to the PH.
3. The applicant provides:
* Letter to Member of Congress from the U.S. Army Human Resources Command (HRC), Awards Branch
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 8-275-3 (Clinical Record Cover Sheet)
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 AR2003083502 on 12 June 2003.
2. The applicant provides a DA Form 8-275-3, which is new evidence that warrants reconsideration.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 28 June 1967. He was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).
4. The applicant provides a DA Form 8-275-3 dated 22 May 1968 which indicates he was hospitalized at the 6th Convalescent Center, APO 96377 for wounds received in action by hostile fire on 11 May 1968. It also indicates the 6th Convalescent Center did not award him a PH.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicants argument that he is entitled to correction of his records to show award of the PH has been carefully considered and found to have merit.
2. Army medical records show the applicant was wounded while engaging the enemy, he required medical treatment, and it was made a matter of record. Therefore, he is entitled to correction of his records to show award of the PH.
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 ABCMRs decision in Docket Number AR2003083502, dated 12 June 2003. 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 being wounded in action on 11 May 1968 in the RVN, and adding this award to 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) AR20120006319
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ABCMR Record of Proceedings (cont) AR20120006319
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