IN THE CASE OF:	  

		BOARD DATE:	  31 January 2013

		DOCKET NUMBER:  AR20120012046 


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.  He states he has several pieces of new evidence which help to prove he was wounded by an enemy 122 millimeter (mm) rocket and was medically evacuated to a hospital in Pleiku, Vietnam.
	
3.  The applicant provides:

* an Operational Report
* two DA Forms 1 (Morning Reports)
* two pages of a Standard Form (SF) 600 (Health Record)
* a memorandum 
* two DD Forms 149 (Application for Correction of Military Record), dated 9 March 2011 and 5 February 2012, with allied documents (original request)
* a statement from his former battalion surgeon
* a statement from a former unit member
* a Certificate awarding the Purple Heart to another individual 
* two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 24 August 1966 and 4 July 1969
* a Department of Veterans Affairs rating decision
* medical documents



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 AR20110003061 on 6 September 2011.

2.  In support of his request for reconsideration the applicant provides the following documents which are considered new evidence and merit consideration by the Board:

* an Operational Report
* two Morning Reports

3.  He was inducted into the Army of the United States on 26 October 1966 and served until he was discharged on 24 August 1967 to accept a commission as an officer.  The DD Form 214 for this period shows he was awarded the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  He was commissioned as an officer in the U.S. Army Reserve and ordered to active duty on 25 August 1967.

4.  His DA Form 66 (Officer Qualification Record) shows in:

	a.  item 17 (Foreign Service), he served in Vietnam from 20 August 1968 to 29 June 1969;

	b.  item 18 (Record of Assignments), he was assigned to:

		(1)  Company B, 299th Engineer Battalion, from 30 August 1968 to 3 January 1969;

		(2)  Company D, 299th Engineer Battalion, from 4 January to 15 February 1969; and 

		(3)  Headquarters and Headquarters Company, 299th Engineer Battalion from 16 February to 15 June 1969.   

	c.  item 21 (Awards and Decorations), no entry for the Purple Heart.

5.  On 4 July 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 for this period does not show award of the Purple Heart.
6.  He submitted:

	a.  an Operational Report for the 299th Engineer Battalion, dated 31 July 1969, which shows in item 48 that on 10 June 1969, 3 persons to include 2 engineers were wounded in action after Dak To Fire Support Base 1 received a total of 20 incoming rounds that included four 122mm rockets.

	b.  a DA Form 1, dated 10 June 1969, which shows he departed sick to the 71st Evacuation Hospital.  

	c.  a DA Form 1, with an illegible date, which shows he returned from the 71st Evacuation Hospital.

7.  He resubmitted a statement, dated 16 May 2012, from a doctor who stated he was the battalion surgeon for the 299th Engineer Battalion in Dak To, Vietnam.  He indicated that the firebase was under rocket fire on a daily basis and on 10 June 1969, during a rocket attack, the applicant was injured by a rocket explosion and suffered a concussion with bloody drainage from his ears.  This individual also indicated that he triaged the applicant and medically evacuated him to Pleiku.

8.  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.

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

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 authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:

* Vietnam Counteroffensive, Phase V (1 July - 1 November 1968)
* Vietnam counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
	
11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit he was assigned to was cited for award of the  Valorous Unit Award for action during the period 9 May to 1 July 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970.

12.  DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to correction of his records to show award of the Purple Heart has been carefully considered and found to have merit.

2.  Evidence of record shows the applicant was wounded while engaging the enemy on 10 June 1969, 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 Purple Heart.

3.  DAGOs also show the unit to which the applicant was assigned was awarded the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  Records show the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

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 AR20110003061, dated 6 September 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 Purple Heart for being wounded in action on 10 June
1969 in the Republic of Vietnam and adding this award to his DD Form 214; 

b.  deleting the Vietnam Service Medal from his DD Form 214, and 

c.  adding the Purple Heart, Vietnam Service Medal with four bronze service
stars, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Cross 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)                                         AR20120012046





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120012046



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1