| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Mr. Kenneth W. Lapin | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart (PH).
APPLICANT STATES: That during the Vietnam War, he was assigned to Fire Support Base (FSB) Rita as an artilleryman. On 1 November 1968, the enemy attacked and overran his FSB. During the fight, he was fighting the enemy and carrying wounded to safety when he was hit in the left arm by shrapnel. When the fight ended, a medic bandaged his wound and said he would receive the PH. He said at the time he didn't want the medal, but now he does. In support of his application, he submits a letter from a comrade who witnessed his wounding and two pictures of himself with a bandage on his left arm.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted into the Army of the United States for 2 years on 13 July 1967. He underwent basic combat training (BCT) at Fort Dix, New Jersey, and field artillery advanced individual training (AIT) at Fort Sill, Oklahoma. He was awarded military occupational specialty (MOS) 13A (cannoneer) and sent to Vietnam.
In Vietnam, he was assigned to 8/6 Artillery, 1st Cavalry Division at FSB Rita, near Tong Le Chon, Vietnam. At 0330 hours, 1 November 1968, the FSB came under intense enemy rocket and mortar fire, followed by a fierce ground attack that penetrated the FSB's defensive perimeter. The applicant completely disregarded his personal safety as he repeatedly moved through a hail of bullets to carry wounded comrades to safety. For his actions, he was awarded the Bronze Star Medal (BSM) with "V" Device (for valor). General Orders Number 12966, Headquarters, 1st Cavalry Division, dated 10 December 1968 announced the award. The citation for the award does not mention that the applicant was wounded.
There is no evidence in the applicant's records to show that he was ever treated for a wound in Vietnam.
The applicant departed Vietnam on 12 December 1968 for reassignment to Fort Hood, Texas, from which he was separated with an honorable discharge on 11 July 1969. His DD Form 214 (Report of Transfer or Discharge) credits him with receiving the National Defense Service Medal, Vietnam Service Medal with 1 Bronze Service Star, the Vietnam Campaign Medal, and the Marksman Marksmanship Badge (Rifle).
Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It states, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. There is no evidence in the applicant's record, nor has he provided any, to show that he is entitled to the PH. The statement from a comrade that the applicant was wounded on 1 November 1968 is not a substitute for medical documentation of a wound. The pictures of an unidentified soldier with a bandage on his arm are likewise insufficient to justify award of the PH without medical documentation of treatment.
3. The applicant's citation for award of the BSM does not mention that he was wounded. Normally, such citations will indicate words to the effect, "Despite being wounded himself, he continued to . . ." if the cited soldier was wounded.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The Board notes that the applicant's DD Form 214 does not reflect his award of the BSM with "V" Device. The Army Review Boards Agency Support Division - St. Louis is directed to issue a DD Form 215, Correction to DD Form 214, showing that the applicant received this award.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__JLP __ __CJP___ ___KWL_ DENY APPLICATION
| CASE ID | AR2001062853 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020117 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | DIRECTOR |
| ISSUES 1. | 107.0015 |
| 2. | 107.0014 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002080677C070215
The applicant requests that his report of separation (DD Form 214) be corrected to reflect his second award of the Bronze Star Medal (BSM) with "V" Device, that he be issued the second award of the BSM and that he be awarded the Purple Heart. Accordingly, the Board finds that he should be awarded the Purple Heart for his injury on 23 February 1969. b. by correcting his records to show that he was awarded the BSM with "V" Device and issuing him a "V" Device for wear on his already awarded BSM; and
ARMY | BCMR | CY2011 | 20110017784
The applicant's DA Form 20 (Enlisted Qualification Record) shows: a. he served in the Republic of Vietnam (RVN) from 1 September 1967 to 31 August 1968 with Company A, 1st Battalion, 50 Infantry Regiment; b. he received multiple fragment wounds in both legs on 7 December 1967; c. he received no less than "excellent" conduct and efficiency ratings at each of his active duty assignments; and d. he earned the following list of awards: * National Defense Service Medal (NDSM) * Combat Infantryman...
ARMY | BCMR | CY2012 | 20120004055
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report to Transfer or Discharge) to show all awards, ribbons, and medals he is entitled to: * Two Purple Hearts (PH) * Bronze Star Medal (BSM) * Army Commendation Medal (ARCOM) * Certificate of Merit (CoM) for Safety * Southeast Asia Service Medal 2. Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal (RVNCM) with Device (1960) was awarded by the...
ARMY | BCMR | CY2009 | 20090001042
The applicant's elected representative's contention that regulations in effect at the time of the incident were not cited by the Board and that the applicant's BSM for heroism proves that the Board was in error in its conclusion are new arguments and require that the Board reconsider the applicant's request. In its first consideration of this case, the Board concluded that the evidence of record clearly shows that the applicant suffered from a recurring hernia and was sent for medical...
ARMY | BCMR | CY2002 | 2002068168C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 to 16 March 1971 by Department of the Army General Order Number 5, dated 1973. NOTE : Request that the Army Review Boards Agency, Support Division, St. Louis, Missouri...
ARMY | BCMR | CY2008 | 20080009487
It states, in pertinent part, that in order to award a PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record. Further, the applicant's DD Form 214 does not include the PH in the list of authorized awards listed; his name is not included on the Vietnam Casualty Roster, the official DA list of...
ARMY | BCMR | CY2010 | 20100022615
His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Foreign Service): * Germany from 17 February through 9 October 1969 * Vietnam from 12 October 1969 through 2 July 1970 * Korea from 17 December 1971 through 17 January 1973 * Item 38 (Record of Assignments), in part: * duty as a Troop Aidman with Headquarters and Headquarters Troop, 1st Squadron, 1st Calvary Regiment from 25 October 1969 to 23 June 1970 * assigned in a patient status to the Medical Holding Company, 249th...
ARMY | BCMR | CY2001 | 2001063195C070421
The applicant states that the FSM’s separation document does not show he was awarded the Silver Star or the Purple Heart for his actions at Kham Duc (Vietnam) from 12 - 14 May 1969. The record contains no evidence showing that the FSM was awarded the Silver Star or the Purple Heart. These witnesses state that the FSM was wounded in action at Kham Duc.
ARMY | BCMR | CY2008 | 20080014952
e. Letter, dated 22 May 2008, from the applicant's former platoon leader to the applicant's counsel. In June 2008, the applicant solicited the help of his counsel to assist him in upgrading his Bronze Star Medal. After returning the fire, [PFC Hxxxxxt] moved toward the enemy position and eliminated it with fire from his rifle.
ARMY | BCMR | CY2002 | 2002069915C070402
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. APPLICANT REQUESTS: That he...