RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 09 AUGUST 2005
DOCKET NUMBER: AR20050001913
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 |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Ms. Barbara Ellis | |Chairperson |
| |Mr. Kenneth Wright | |Member |
| |Mr. Patrick McGann | |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 previous request for
award of two Purple Hearts and the Combat Infantryman Badge.
2. The applicant states that while his records may have been incomplete it
does not “alter reality nor negate the truth regarding [his] combat service
in Viet-nam.” He states that the photographs that he is providing “are
pertinent evidence which will clear any ambiguity regards my service as
11B10 in active ground combat unit during my service in Viet-nam.”
3. The applicant states that now that he has “established a visual
connection and viable linkage” between his photographs and combat, he asks
that the Board reconsider his request. He states that he knows his unit
was “out in the field for months at a time trying to survive one more day,
[and that] there was very little time to keep records.”
4. The applicant provides 12 photographs. On some of the photographs he
indicates that he was the photographer and on some he identifies himself as
being in the photograph.
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
AR2004102026, on
5 October 2004.
2. The photographs are evidence not previously seen by the Board and as
such warrant consideration.
3. The applicant served in Vietnam for approximately 6 months, between
June and October 1968. The Board’s previous Record of Proceedings
incorrectly noted that the applicant had served in Vietnam between June
1968 and October 1969.
4. The photographs provided by the applicant do show an individual in a
“field” environment shaving, drinking, and watching another Soldier open a
box. There
are two photographs of Soldiers on what appears to be a sandy beach. One
of the photographs was taken from a helicopter and one of the photographs
shows a line of Soldiers walking ahead of the photographer. Another photo
shows a cloud of red smoke billowing above the landscape.
DISCUSSION AND CONCLUSIONS:
1. Although the Board’s original Record of Proceedings incorrectly
identified the date of the applicant’s tour of duty in Vietnam, that
typographical error did not alter the fact that there was no medical
evidence which confirmed that the applicant was wounded as a result of
hostile action or that he was engaged in active ground combat.
2. The fact that the applicant served in Vietnam, or that he may have been
injured, is not in question and is confirmed in various documents contained
in his military personnel and service medical records. While the
photographs do further confirm the applicant’s tour of duty in Vietnam,
they do not show evidence that actual ground combat was occurring, or
provide any evidence which confirms that the applicant was wounded as a
result of hostile action.
3. In the absence of medical evidence confirming that the applicant was
wounded as a result of hostile action or that he was engaged in actual
ground combat with enemy forces, there continues to be no basis for an
award of the Purple Heart or the Combat Infantryman Badge.
4. In the absence of more compelling evidence, the applicant’s argument
that there was little time for record keeping is not sufficient
justification to award him the Purple Heart or the Combat Infantryman
Badge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___BE __ ___KW __ ___PM __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2004102026, dated 5 October 2004.
______Barbara Ellis_______
CHAIRPERSON
INDEX
|CASE ID |AR20050001913 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050809 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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