IN THE CASE OF: BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150007848 BOARD VOTE: ____x____ ____x__ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150007848 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20060013943, dated 24 April 1970. 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 in Vietnam on 24 July 1970 and adding the Purple Heart 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. Enclosure 1 IN THE CASE OF: BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150007848 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, in effect, reconsideration of his previous request for award of the Purple Heart. 2. The applicant states the Purple Heart should be added to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). This award was omitted from his DD Form 214 upon leaving Vietnam and the Army. The attached DA Form 8-275-3 (Clinical Record Cover Sheet) shows he was wounded in action (WIA) and received treatment. 3. The applicant provides copies of his DA Form 8-275-3, DD Form 214, and DD Form 215 (Correction to DD Form 214). 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 AR20060013943 on 24 April 2007. 2. The applicant's request for reconsideration was received beyond the Board's one-year time limit; however, as an exception to policy, his DA Form 8-275-3 will be considered by the Board. 3. He was inducted into the Army of the United States on 5 October 1969 and he held military occupation specialty 11D (Scout Observer). He served in Vietnam from 23 March 1970 through 26 February 1971, during three campaigns. He was assigned to Headquarters and Headquarters and C Troop, 1st Squadron, 1st Cavalry. 4. He provided a copy of a DA Form 8-275-3, dated 24 July 1970, showing the attending medical physician entered the following on this form: * a diagnosis of wounded in action (WIA): wound, open, penetrating face, neck, chest, and abdomen, no nerve or artery involvement; line of duty (LOD): Yes * the patient (applicant) stated he was hit by fragments from small arms fire in Vietnam on 24 July 1970 * no Purple Heart awarded this station * zero days in the hospital or infirmary 5. He was honorably released from active duty on 3 September 1971. His DD Form 214 lists the: * National Defense Service Medal * two Overseas Service Bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge (1st Award) * Army Commendation Medal (3rd Award) * Vietnam Service Medal with two bronze service stars * Vietnam Campaign Medal with 1960 Device 6. On 5 December 2007, he was issued a DD Form 215 adding to his DD Form 214 the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Expert Marksmanship Qualification Badge with Grenade Bar. 7. Items 40 (Wounds) and 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) contain no entries showing he was WIA while serving in Vietnam or that he was awarded the Purple Heart. 8. His name is not listed on the Vietnam casualty roster. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Award) states the Purple Heart is awarded for a wound sustained as a result of enemy 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: 1. The submitted DA Form 8-275-3 shows the attending physician diagnosed the applicant as being WIA with an open wound penetrating his face, neck, chest, and abdomen that was incurred in the LOD. The physician also indicated on the form that the applicant stated he was hit by fragments from small arms fire. 2. His name is not listed on the Vietnam casualty roster which listed the names of individuals who were injured by hostile action and those who were otherwise injured. It is understood that the absence of a name on the roster is not, in itself, evidence that an individual was not wounded and not entitled to the Purple Heart. 3. In this case, the DA Form 8-275-3 adequately establishes the circumstances under which he was wounded, that the wound required treatment by a medical officer, and that treatment was made a matter of official record. It appears he met the three basic criteria for award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150007848 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings AR20150007848 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2