BOARD DATE:	  20 August 2013

		DOCKET NUMBER:  AR20120019842 


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 to add award of the Purple Heart to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that his medical records show he was wounded in action.

3.  The applicant provides copies of medical records from his separation physical examination and an associated orthopedic consultation showing he was wounded in his hip by a bullet from an AK-47 assault rifle.

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 AR20110018037 on 1 March 2012.

2.  The applicant was inducted into the Army of the United States on 9 October 1968.  He was trained as an infantryman in military occupational specialty( MOS) 11B.  During training he qualified as Sharpshooter with the M-14 rifle and as Marksman with the M-16 rifle.

3.  He served as an infantryman in Vietnam with Company B, 4th Battalion, 47th Infantry, from 5 April until 12 May 1969 when he was admitted to the 106th General Hospital, Camp Zama, Japan.  He was further medically evacuated to Fort Carson, Colorado, where he was a patient through 1 December 1969.  He was honorably released from active duty on 8 October 1970 at the expiration of his term of service.  His DD Form 214 shows his authorized awards as the National Defense Service Medal and the Vietnam Service Medal.

4.  The original Record of Proceedings:

	a.  incorrectly shows he was initially trained in MOS 76S as an automotive repair parts specialist and does not mention his service in Vietnam as an infantryman;

	b.  notes that the Purple Heart Certificate which the applicant submitted with his request states he was wounded in action.  It does not mention the certificate was signed by a Medical Corps lieutenant colonel as the commanding officer;

	c.  states that his DA Form 20 (Enlisted Qualification Record) and DD Form 214 do not indicate he was wounded in action or awarded the Purple Heart; and

	d.  states that his name does not appear on the Vietnam casualty list and there are no orders in the Awards and Decorations Computer Assisted Retrieval System.

5.  The applicant's medical records which he submits in support of his request show:

	a.  The physician conducting his separation examination reviewed the applicant's medical records and found a history of a gunshot wound to his left hip in Vietnam on 4 May 1969.  An AK-47 bullet wound resulted in a 5/8-inch shortening of his left femur (thigh bone).  The applicant was referred for an orthopedic consultation.

	b.  The orthopedic consultant reviewed the applicant's medical records, examined the applicant, and found some limitations and functional abnormalities, including reduced sensitivity on the top of his left foot.  He was referred for further X-rays.

6.  There is no line-of-duty investigation or any other indication that the applicant's gunshot wound from an enemy weapon was accidental, self-inflicted, or anything other than a combat-incurred wound.

7.  The National Archives, College Park, Maryland, provided copies of the daily journal for 4th Battalion, 47th Infantry which shows heavy engagement on 4 May 1969, especially by Company B which killed 11 enemy and suffered 9 wounded Soldiers of its own that day.  The log also shows that Company D had one of its Soldiers with a self-inflicted gunshot wound.  (A subsequent call to the Archives revealed that they were unable to identify the names of the wounded.)

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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 Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	c.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's Vietnam service occurred entirely within the Tet 69 Counteroffensive 1969 campaign period from 23 February through 8 June 1969.

	d.  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 or being wounded, captured, or killed by the enemy.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Participation Register) shows the 4th Battalion, 47th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's medical records show he sustained a gunshot wound from an enemy rifle on 4 May 1969, a day when his company was engaged in serious combat action.  He was medically evacuated to Camp Zama, Japan.  There is no indication that the wound was accidental or self-inflicted.

2.  The records show the applicant was medically treated for a wound that was the result of enemy action.  The Purple Heart Certificate was signed by a Medical Corps lieutenant colonel indicates that proper orders were issued even if they can't be located now.

3.  The applicant's records also show:

	a.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

	b.  He is authorized award of the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

	c.  His is authorized one bronze service star for wear on the already-awarded Vietnam Service Medal

	d.  The applicant clearly served in combat as an infantryman in an infantry unit.  He should be awarded the Combat Infantryman Badge.

4.  The aforementioned awards should be added to his DD Form 214.

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 AR20110018037, dated 1 March 2012.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Combat Infantryman Badge,

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

	c.  adding the following awards to his DD Form 214:

* Purple Heart
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      __________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)                                         AR20120019842



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ABCMR Record of Proceedings (cont)                                         AR20120019842



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