IN THE CASE OF:	  

		BOARD DATE:	  10 September 2013

		DOCKET NUMBER:  AR20130001047 


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 petition for award of the Purple Heart.

2.  The applicant states:

	a.  the original Board Proceedings show his name was not listed on any of the unit reports to confirm he was wounded in action (WIA); however, no names were included in any of these unit reports;

	b.  the unit reports only provided the number of casualties and specified how many were wounded and killed in action (WIA/KIA);

	c.  it is his understanding that the Vietnam Casualty Roster only listed the names or included those casualties who were processed through unit hospitals;

	d.  his DD Form 1380 (Field Medical Report) indicates he was treated in the field, refused evacuation, and was not treated in a military treatment facility;

	e.  the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) would not contain a PH order pertaining to him because he was never awarded the PH;

	f.  according to the regulation, he provides sufficient proof of his entitlement to the PH;

	g.  he attempted to locate his medical record for the period in question; however, it should be noted there were no copy machines during that time and all documents were prepared in singular form without carbon copies, making it impossible for him to retain any form or report; and

	h.  he desires a personal appearance before the Board to add more detail if required.

3.  The applicant provides a self-authored statement and an indexed list of eight enclosures as stated on his request.

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 AR20110022089 on 15 May 2012.

2.  The applicant provides a DD Form 1380 (U.S. Field Medical Card) that was not previously considered by the Board.  As such, it is considered new evidence that warrants consideration by this Board.

3.  During its original review of the case, the Board determined the applicant's request lacked sufficient evidence to grant relief.  The Board determined the unit member's and/or witness statements alone, absent any conclusive evidence to show he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter official record, were insufficient evidentiary bases to award him the PH and denied his request.

4.  The applicant enlisted in the Regular Army on 25 September 1969.  He served in Vietnam from 23 January to 5 November 1971 while assigned to
C Troop, 3rd Squadron, 5th Cavalry Regiment.

5.  On 30 March 1972, he was honorably released from active duty.  He completed 2 years, 6 months, and 6 days of total active service.  He attained the rank/grade of sergeant (SGT)/E-5.  The DD Form 214 he was issued at the time shows among other awards the Vietnam Service Medal.

6.  Records show he continued to serve in the USAR as a commissioned officer. On 8 September 2004, he was ordered to active duty in support of Operation 
Iraqi Freedom.  On 23 February 2007, he was honorably released from active duty at the completion of required active service in the rank/grade of lieutenant colonel (LTC)/O-5.  The DD Form 214 he was issued at the time shows among other awards the Vietnam Service Medal.  

7.  The applicant now provides a DD Form 1380 that shows:

	a.  he was wounded as a result of enemy action;

	b.  he sustained multiple shrapnel wounds to his right leg and elbow from a rocket propelled grenade blast, leaving him dazed and disoriented on 2 April 1971;

	c.  three imbedded pieces of shrapnel and a splinter were removed from his right elbow, and six pieces of imbedded shrapnel were removed from his right leg; and

	d.  he refused dust off (evacuation) and was advised by his platoon leader to have his wounds checked at the squadron aid station upon return to Dong Ha.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  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 two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

9.  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 3rd Squadron, 5th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 by Department of the Army General Order (DAGO) Number 42, dated 1972.

10.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-11 states applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  The applicant claims he should be awarded the Purple Heart.  The DD Form 1380 submitted by the applicant confirms he sustained wounds to this right leg and elbow as a result of enemy action from a rocket-propelled grenade on 2 April 1971.  It also shows imbedded shrapnel was removed from his leg and elbow at that time confirming the immediate medical attention he received for this wounding.  This document coupled with the previously-submitted witness statements corroborate the applicant's claim that he was wounded in action and received medical treatment for his wounding that was made a matter of official record.  Accordingly, the regulatory criteria necessary for award of the Purple Heart has been satisfied in this case.  Therefore, he should be awarded the Purple Heart for wounds received in action on 2 April 1971 and his DD Form 214 for the period ending 23 February 2007 should be corrected to show this award.  Accordingly, a personal appearance hearing is not required.

2.  The applicant participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 for the period ending 23 February 2007 should be corrected to show these bronze service stars.

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit citation during his period of assignment.  Therefore, his
DD Form 214 for the period ending 23 February 2007 should be corrected to show this unit award.









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 AR20110022089, dated 15 May 2012.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 for the period ending 23 February 2007 the Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds received in action on 
2 April 1971; and

	c.  adding to his DD Form 214 for the period ending 23 February 2007 the:

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* 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)                                         AR20130001047



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ABCMR Record of Proceedings (cont)                                         AR20130001047



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