IN THE CASE OF:  	  

		BOARD DATE:  9 July 2015	  

		DOCKET NUMBER:  AR20140020338 


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 request for two awards of the Purple Heart for injuries sustained on 5 April and 18 August 1968.

2.  The applicant states, in effect:

* he has a notarized statement from his former squad leader
* he has medical documents which show he was treated for wounds he received during a mortar attack

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* two DD Forms 1380 (U.S. Field Medical Card)
* a notarized witness statement
* two pages of medical records

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 ABCMR in Docket Number AR20100029889 on 23 June 2011.

2.  The applicant provided new arguments, medical records, and a witness statement that were not previously considered by the Board and warrant consideration at this time.

3.  The applicant was inducted into the Army of the U.S. on 9 August 1967.  

4.  His DA Form 20 (Enlisted Qualification Record) shows in:  

* item 31 (Foreign Service) he served in Vietnam from 12 January 1968 to 11 January 1969
* item 38 (Record of Assignments) he was assigned to:

* Company E, 1st Battalion, 2nd Infantry Regiment, 1st Infantry
	Division from 21 January to 11 February 1968
* Company A, 1st Battalion, 2nd Infantry Regiment, 1st Infantry
	Division from 12 February to 9 July 1968
* Company E, 1st Battalion, 2nd Infantry Regiment, 1st Infantry
	Division from 10 July to 29 September 1968
* Combat Support Company, 1st Battalion, 2nd Infantry Regiment, 1st
	Infantry Division from 30 September 1968 to 7 January 1969

* item 38 (Conduct and Efficiency) he received all "excellent" conduct and efficiency ratings throughout his service with no record of disqualification
* item 40 (Wounds) is blank 
* item 41 (Awards and Decorations) does not list award of the Purple Heart

5.  On 6 June 1969, he was honorably released from active duty after completing a total of 1 year, 9 months, and 28 days of active service.  His DD Form 214 does not show award of the Purple Heart.  His record does not contain any evidence of derogatory information or entries that indicate his commanders denied him award of the Army Good Conduct Medal.  

6.  The Vietnam casualty listing does not list the applicant as a casualty.

7.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.



8.  The applicant provided the following documents and arguments in support of his request for reconsideration:

	a.  a DD Form 1380, dated 5 April 1968, which stated he was treated for a shrapnel wound to his right elbow received when he was getting into a bunker during a mortar attack.

	b.  two pages of medical records, which show on:

		(1)  an unknown date he was treated for a slight edema to his right elbow and it was noted that his wound was healing well; and 

		(2)  18 August 1968, he was treated for a shrapnel wound of unknown origin to the bridge of his nose. 

9.  He also provided a statement from an individual who indicates that in early 1968, he and the applicant were guarding munitions when shortly after midnight incoming mortar fire from a Viet Cong unit hit them.  They continued to defend their position; but the applicant was hit in and about the elbow from shrapnel from an incoming round.  After moving him to a safer position, he made certain that the applicant received medical triage.  Once they returned to their base camp, the applicant was medically evacuated.  

10.  Army Regulation 600-8-22 (Military Awards) states 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.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  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 four campaigns:

* Tet Counteroffensive (30 January to 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April to 30 June 1968)
* Vietnam Counteroffensive, Phase V, (1 July to 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969)

13.  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 unit to which the applicant was assigned was cited for award of the following for actions during the periods shown:

   a.  12 July 1965 to 6 October 1968, Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army (DAGO) Number 21, dated 1969; and  
	
b.  October 1965 to 7 April 1970, Republic of Vietnam Civil Actions Honor Medal, First Class by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record shows the applicant was wounded during a mortar attack on 5 April 1968, 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 for the shrapnel wound he incurred on 5 April 1968.

3.  Although he provided evidence of having a piece of shrapnel removed from his nose there is no corroborating evidence of record which shows he was injured or wounded as a result of enemy action on 18 August 1968.  Therefore, he is not entitled to have his DD Form 214 corrected to show he was awarded a second Purple Heart for shrapnel wounds received on 18 August 1968.

4.  The available evidence shows the applicant served honorably from 9 August 1967 to 9 June 1969 and he received all "excellent" conduct and efficiency ratings.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

5.  DAGOs also show the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal, First Class.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20100029889 on 23 June 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 wounds received in action on 5 April 1968 and the Good Conduct Medal (1st Award) for the period of service from 
9 August 1967 to 6 June 1969; and

	b.  deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214; and 

	c.  adding the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class to his DD Form 214.

2.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100029889 on 23 June 2011 to add a second award of the Purple Heart.



      _______ _   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)                                         AR20140020338



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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