IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20110001080


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 for award of the Purple Heart.

2.  The applicant states he was wounded by shrapnel on 5 March 1968 while serving in Vietnam.

3.  The applicant provides:

* DD Form 1380 (US Field Medical Card(FMC)), dated 5 March 1968
* Standard Form (SF) 513 (Consultation Sheet), dated 9 March 1968

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 AR2001062389 on 14 May 2002.

2.  The applicant's request for reconsideration is late by more than 7 years; however, he provides two medical forms attesting to wounds.  These documents are considered new evidence and will be reconsidered by the Board.

3.  The DD Form 1380 provided by the applicant shows he received minor shrapnel wounds to his right leg and left eye, with possible left eardrum perforation.  The form states the applicant was riding in an Armored Personnel Carrier on 5 March 1968 when it came under attack.  His wounds were cleaned and dressed with topical antiseptic and he was referred to the hospital for follow-up.  The form was signed by a Captain, Medical Corps (MC).

4.  The SF 513 provided by the applicant shows he was riding in a P.C. [personnel carrier] that was hit by a rocket.  He was given an audiology test.

5.  The DD Form 1380 is initiated by the combat medic first attending battle casualties and is used to record basic patient identification data and to describe the problem requiring medical attention and the medical care provided. The FMC is made so that it can be attached to the casualty.  

6.  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 requests award of the Purple Heart.

2.  The applicant's evidence – the DD Form 1380 and SF 513 – are accepted as proof he was wounded by shrapnel on 5 March 1968.

3.  The applicant should be awarded the Purple Heart.

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 AR2001062389, dated 14 May 2002.  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 the Republic of Vietnam on 5 March 1968
* 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.



ABCMR Record of Proceedings (cont)                                         AR20110001080





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ABCMR Record of Proceedings (cont)                                         AR20110001080



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