RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 November 2005
DOCKET NUMBER: AR20050001871
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun
Director
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Mr. John E. Denning
Member
Ms. Jeannette R. McCants
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier requests for award of the Purple Heart for wounds received in March 1969.
2. The applicant makes no additional statement.
3. The applicant provides, as new evidence, a statement from a former 173d Airborne Brigade (Separate) Signal Officer.
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 AR2000045950 on 15 February 2001 and reconsidered by the ABCMR in Docket Number AR2001061107 on 24 January 2002.
2. The statement from the former 173d Airborne Brigade (Separate) Signal Officer is new evidence which will be considered by the Board.
3. The applicant was inducted into the Army on 27 July 1967. He enlisted in the Regular Army on 9 April 1968. He arrived in Vietnam and was assigned as a radio operator with Company A, 4th Battalion, 503d Infantry, 173d Airborne Brigade (Separate) on or about 29 May 1968.
4. The applicant provided a statement from Colonel B___, who was a former 173d Airborne Brigade (Separate) Signal Officer. Colonel B___ stated that, shortly after his arrival at the Brigade in late January/early February 1969, the applicant was wounded during an enemy mortar attack. Colonel B___ stated he was located just 50 100 meters from the helicopter pad where the applicant was hit in the leg. He directed a nearby Soldier to help the applicant to the medical station.
5. The applicant had previously provided the ABCMR a statement from the Soldier who helped him to the medical station.
6. The applicant departed Vietnam on or about 25 May 1969 after receiving credit for participating in four campaigns. He was honorably released from active duty on 8 April 1971. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 April 1971 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device 1960, the Bronze Star Medal, and the Army Good Conduct Medal.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.
8. Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment. However, in this case, the supporting statement from a former Signal Officer with the 173d Airborne Brigade (Separate), combined with the earlier statement from the Soldier who helped the applicant to the medical station, are credible evidence that the applicant did in fact receive the wounds claimed and was treated by competent medical personnel.
2. The applicant does not give a specific date in March 1969 that he was wounded; therefore, the date of 1 March 1969 will be used.
3. The applicant received credit for participating in four campaigns; therefore, he is authorized to wear four bronze service stars on his Vietnam Service Medal. His DD Form 214 should be amended to reflect this.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__le____ _jed_____ __jrm____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Notwithstanding the discussion and conclusions in this case, the Board determined that the evidence presented was not sufficient to warrant award of the Purple Heart. The Board acknowledged the witness statements indicated those witnesses were at the scene of the incident but noted that neither of the witnesses stated they actually saw the applicant being wounded. The Board also believed the lack of medical evidence failed to support the requirement that medical treatment for a wound have been made a matter of record.
2. The Board recommended the applicant's DD Form 214 for the period ending 8 April 1971 be amended to show he is authorized to wear four bronze service stars on the Vietnam Service Medal.
___Lester Echols_________
CHAIRPERSON
INDEX
CASE ID
AR20050001871
SUFFIX
RECON
DATE BOARDED
20051117
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schneider
ISSUES 1.
107.0015
2.
3.
4.
5.
6.
ARMY | BCMR | CY2005 | 20050001871C070206
The applicant provided a statement from Colonel B___, who was a former 173d Airborne Brigade (Separate) Signal Officer. However, in this case, the supporting statement from a former Signal Officer with the 173d Airborne Brigade (Separate), combined with the earlier statement from the Soldier who helped the applicant to the medical station, are credible evidence that the applicant did in fact receive the wounds claimed and was treated by competent medical personnel. Notwithstanding the...
ARMY | BCMR | CY2002 | 2002069790C070402
The evidence of record shows the applicant met the eligibility criteria for award of the Army Good Conduct Medal. There is no evidence of record to show the applicant was wounded in action. That all of the Department of the Army records related to this case be corrected by showing the applicant was awarded the Army Good Conduct Medal for the period 23 June 1969 – 25 March 1971.
ARMY | BCMR | CY2014 | 20140021423
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * two Purple Hearts (referred to as the Purple Heart with First Oak Leaf Cluster (1OLC) at the time) given to him on 31 March 1970 and 9 January 1971 * two Bronze Star Medals given to him on 28 March 1970 and 7 December 1970 * an Army Commendation Medal given to him on 3 September 1970 2. He provides a certificate issued by the Commanding General of the 173d...
ARMY | BCMR | CY2013 | 20130000553
The applicant provides copies of: a. DD Forms 214 (Certificate of Release of Discharge from Active Duty) for the periods: * 29 October 1968 to 1 July 1969 * 2 July 1969 to 29 June 1973 * 15 November 1974 to 5 December 1976 * 6 December 1976 to 5 December 1980 b. enlistment documents covering his military service from 29 October 1968 to 5 December 1980. c. a message showing the applicant was wounded in action in Vietnam on 21 October 1970. d. DA Form 2-1 (Personnel Qualification Record Part...
ARMY | BCMR | CY2013 | 20130011416
Therefore, it would be appropriate at this time to correct the applicant's records to show award of the Purple Heart. The evidence of record shows: a. the applicant qualified for award of the Vietnam Service Medal and he served in six campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal; and b. adding the following awards to...
ARMY | BCMR | CY2010 | 20100017512
The applicant provides a VA Form 21-4138 (Statement in Support of Claim) and numerous photos and other documents pertaining to the applicant's military service, including copies of certificates, citations, and orders awarding him the Bronze Star Medal, Army Commendation Medal, and the Air Medal. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed or, for the...
ARMY | BCMR | CY2004 | 20040003055C070208
Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 2d Battalion, 503d Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 16 March 1971 by DAGO Number 5 dated 1973. However, those records were not available to the Board. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2008 | 20080017949
Therefore, he is entitled to have his records corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Bronze Star Medal and the Vietnam Service Medal; b. adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal with first oak leaf cluster, Vietnam Service Medal with four bronze service stars, Meritorious Unit...
ARMY | BCMR | CY2001 | 2001058191C070420
There is no evidence in the available records which shows the applicant’s inclusive dates of service in Vietnam. The applicant was awarded the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show this award. Therefore, the applicant is entitled to correction of his DD Form 214 to show this award.
ARMY | BCMR | CY2002 | 2002072537C070403
The applicant returned to the United States in December 1970 and was assigned to Fort Bragg, North Carolina. Nor does it show that he was awarded the Air Medal, any qualification badges, or the bronze service stars to his Vietnam Service Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Army Good Conduct Medal, the Air Medal, the Expert Qualification Badge with rifle bar, the Marksman...