RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 FEBRUARY 2007
DOCKET NUMBER: AR20060009089
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 application to correct his records by awarding him the Purple Heart.
2. The applicant states, in effect, that he was wounded on Landing Zone Ross on 3 January 1968. He maintains that the medic at the aid station removed shrapnel from his left leg and wrapped his wound. He was returned to the gun section due to a loss of personnel from ground attacks and wounds.
3. The applicant provides a supporting letter and an after action report.
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 AR20040010148 dated 14 June 2005.
2. The new evidence, in this case, consists of a letter from a fellow comrade and a typed copy of statistics from an attack with a diagram of mortar lanes that the applicant refers to as an after action report.
3. The letter from a fellow comrade states that the applicant served with him in A Battery, 1/30th Artillery, 1st Air Calvary Division. The fellow comrade said that the unit was attacked on 3 January 1968 and again on 14 January 1968. During one of those attacks, I believe it was the 3rd of January the applicant was wounded in the knee.
4. The after action report provides statistics from the attack, such as the number of wounded in action, killed in action, prisoners of war, type of ordnance, and the estimated ordnance which impacted during the attack. There is no indication of when this attack occurred, but the date listed on the report appears to be August 11 and the year is illegible. This document does not show the applicants involvement during this attack.
DISCUSSION AND CONCLUSIONS:
The regulation governing the requirements for the award of the Purple Heart, as cited in the applicants previous request, requires that evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. The supporting statement from the applicants comrade is insufficient to establish his entitlement to the Purple Heart. The applicants comrade did not witness the applicant being wounded and the medical treatment was not made a matter of record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JR___ ___DH __ ___RG__ 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 AR20040010148, dated 14 June 2005.
_____Jeffrey Redmann______
CHAIRPERSON
INDEX
CASE ID
AR20060009089
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070208
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.
ARMY | BCMR | CY2006 | 20060004371C070205
The applicant states, in effect, that he was injured on 28 June 1968 in Phouc Vinh, Republic of Vietnam, during a mortar attack. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), supporting statements, and medical records. By his own admission and the evidence provided, he was injured when he was scrambling for cover and jumped into a ditch and dislocated his right shoulder.
ARMY | BCMR | CY2012 | 20120002812
IN THE CASE OF: BOARD DATE: 21 August 2012 DOCKET NUMBER: AR20120002812 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The medical records, dated between 1981 and 1987, and provided by the applicant do not show his ear problems were the result of hostile action in Vietnam. In the absence of corroborating evidence showing he was injured and treated for wounds as a result of hostile action in Vietnam the statement the applicant provided from a fellow Soldier was not sufficient as a basis...
ARMY | BCMR | CY2005 | 20050011376C070206
Edward Montgomery | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Therefore, based on the evidence provided, he is entitled to the award of the Purple Heart for wounds sustained on 6 March 1945. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant was awarded the Purple Heart for wounds sustained on 6 March 1945.
ARMY | BCMR | CY2002 | 2002071593C070402
In support of his claim for award of the Purple Heart, the applicant provided Department of Veterans Affairs documentation which shows that service connection was granted for multiple shrapnel wounds. He states that “When Comrade [applicant’s last name] was wounded in battle, I recall that one of our Medics had administered treatment out in the field of Comrade [applicant’s last name] shrapnel wounds.” The applicant also provided an eyewitness statement, dated 28 February 2002, from a...
ARMY | BCMR | CY2002 | 2002070823C070402
The applicant states that, on or about 29 March 1969, he was injured in a rocket attack while serving in Vietnam, but was not awarded the Purple Heart. In support of his application, the applicant submitted a 9 October 2001 statement from a former fellow soldier with whom he served in Vietnam; a copy of orders showing that this fellow soldier was assigned to the 520th Personnel Service Company; a 5 October 2001 statement from a second former soldier who states the he worked on the same...
ARMY | BCMR | CY2010 | 20100026210
He served a second tour of duty in Korea from 25 September 1970 through 14 August 1971. His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty listing, his DA Form 20 does not indicate any combat wounds, and his available medical records do not reflect a combat wound/injury or treatment for such wound/injury. Notwithstanding his and his comrade's sincerity, in the absence of official documentary evidence such as operation...
ARMY | BCMR | CY2015 | 20150004493
IN THE CASE OF: BOARD DATE: 2 June 2015 DOCKET NUMBER: AR20150004493 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides * self-authored statement * Standard Form (SF) 601 (Immunization Record) * page 4 of his DA Form 20 (Enlisted Qualification Record) * DD Form 214 * letter, dated 3 April 2015, to the applicant from the Army Review Boards Agency * letter, dated 23 April 2015, to the applicant from the Department of Veterans Affairs (VA) with enclosure (Patient Inquiry) *...
ARMY | BCMR | CY2002 | 2002069333C070402
The applicant requests correction of his military records to show that he was awarded the Purple Heart and that he served in Vietnam for more than one year. There are no orders in the applicant’s service personnel records, which show that he was awarded the Purple Heart. While the Board has no reason to doubt the applicant’s statement that he was in fact wounded and awarded the Purple Heart, documentary evidence is required to correct a military record.
ARMY | BCMR | CY2001 | 2001060552C070421
He further claims that one of his fellow soldiers was an eyewitness to seeing seven soldiers killed and the applicant and others being wounded during their encounter with the Korean enemy. The applicant’s siblings provided a signed notarized letter in which they all attest to their brother serving in the US Army in Korea, and being wounded in the forehead, in 1954. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence...
ARMY | BCMR | CY2008 | 20080014156
There is no evidence in the available records which show the applicant was awarded the Purple Heart or was wounded as a result of hostile action in the Republic of Vietnam. The applicant provides a letter of support, dated 16 February 2008, from a Soldier who served with him in the Republic of Vietnam. In the absence of any other evidence which shows the applicant was wounded or treated for wounds as a result of hostile action, there is insufficient evidence on which to base award of the...