IN THE CASE OF:
BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140015154
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 previous request for award of the Purple Heart (Second Oak Leaf Cluster).
2. The applicant states he has recently obtained a Duty Officer's Log, dated 11 June 1970, and his name is listed as a casualty. He states that his name is misspelled on the log as there is no "s" at the end of his last name.
3. The applicant provides:
* Winnebago County Department of Veterans Services Letter, dated 20 August 2014
* Daily Staff Journal or Duty Officer's Log, dated 11 June 1970
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 10 December 1971
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 AR20090018452 on 15 June 2010.
2. The applicant enlisted in the Army on 22 April 1969. He completed training as a light weapons infantryman.
3. He arrived in Vietnam on 15 November 1969 and he was assigned to Company C, 2nd Battalion (Mechanized), 47th Infantry Regiment, 3rd Brigade, 9th Infantry Division.
4. As new evidence, the applicant provides a Daily Staff Journal or Duty Officer's Log pertaining to the unit to which he was assigned. It shows "C Company ambushed on highway 7 near grid 2204 at 1600." This log is dated 11 June 1970 and it lists the names of the individuals who were wounded in action and killed in action. The applicant's name is listed therein as one of the individuals who as wounded in action. It is noted that his last name appears to have been misspelled.
5. His DA Form 20 (Enlisted Qualification Record) shows he was wounded in action on 1 December 1969 and wounded in action again on 8 September 1970. However, it does not show he was wounded in action on 11 June 1970.
6. The applicant departed Vietnam en-route to the United States on 2 November 1970. He was honorably released from active duty on 10 December 1971 and he was transferred to the U.S. Army Reserve to complete his Reserve obligation.
7. The applicant's DD Form 214 shows he was awarded the Purple Heart. On 27 September 2010 as a result of a previous application to this Board, Permanent Orders 270-02 were published awarding him the Purple Heart (First Oak Leaf Cluster). On 13 October 2010, the applicant was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) deleting the Purple Heart from his DD Form 214 and adding the Purple Heart (First Oak Leaf Cluster).
8. The applicant's name is not shown on the Vietnam Casualty Listing as being a battle casualty on 11 June 1970.
9. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His new evidence has been considered.
2. The available evidence suggests that he was wounded in action on 11 June 1970. Although misspelled, his last name is listed on the Daily Staff Journal or Duty Officer's Log as being wounded in action. The unit to which he was assigned is also listed on that log. It is reasonable to presume that because his name was included on that log the wound he received required medical treatment.
3. Consequently, the applicant should be awarded the Purple Heart for wounds received in action on 11 June 1970 and his DD Form 214 should be amended accordingly.
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 AR20090018452, dated 15 June 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received in action on 11 June 1970 and amending his DD Form 214 to show he was awarded the Purple Heart (Second Oak Leaf Cluster).
_______ _ __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) AR20140015154
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ABCMR Record of Proceedings (cont) AR20140015154
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