RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 March 2007
DOCKET NUMBER: AR20060009882
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. Gerard W. Schwartz
Acting Director
Mr. G. E. Vandenberg
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Ms. Linda M. Barker
Member
Mr. Michael J. Flynn
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 a reconsideration of his request for award of the Purple Heart.
2. The applicant states there is no medical documentation of his wound because of the tactical demands of the situation. He was bandaged and remained in the field.
3. The applicant provides statements from five former Soldiers who served with him and copies of two photos.
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 AR20050013649, on 2 March 2006.
2. The applicant's former commanding officer states that he recalls that the applicant was wounded above the eye and that, due to the need to keep a maximum number of Soldiers in the field, he was kept in the field and not evacuated.
3. The applicant's former platoon leader states that the applicant sustained a combat related severe wound over his left eye but because of the applicant's critical position he was not evacuated. The platoon leader notes that the applicant received the Bronze Star Medal with "V" device for his actions in the engagement during which he received the wound.
4. The applicant's former first sergeant states the applicant was awarded the Bronze Star Medal for his actions on 10 January 1969 but did not receive the Purple Heart for a wound received during this action. The former first sergeant indicates that the "Doc" wanted to send the applicant to the rear but he was kept in the field due to the fact that the unit was seriously undermanned.
5. A former medical corpsman states that he treated the applicant for a wound above the left eye on 10 January 1969. He indicates that only the critically injured were evacuated while those who received lesser wounds were retained in the field. He states that, due to the number of wounded or dead on the date of the attack, it was impossible to keep track of everyone and that this is most likely the reason no record of treatment is available.
6. A former Soldier who served with the applicant gives a detailed recounting of the situation leading up to the applicant being wounded above his left eye on 10 January 1969.
7. The first picture provided by the applicant indicates it was processed in January 1969. It shows the applicant, in a battle scarred environment, with a clean white bandage above his left eye. A second picture shows what appears to be scarring or skin discoloration above the applicant's left eye.
8. Army Regulation 672-5-1(Military Awards), paragraph 2-15 provides that the Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action. It states that the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. Statements of individuals are normally considered inadequate as a sole basis for award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.
2. However, in this case the multiple statements are detailed and give a plausible explanation of why no record of treatment is available. Combining the statements with the dated photograph, which shows that the applicant had a wound as described in the statements, there is sufficient evidence to warrant an exception to the policy that requires a record of treatment.
3. Therefore, it is appropriate to show that the applicant received a combat incurred wound on 10 January 1969 and award him the Purple Heart.
BOARD VOTE:
__LE____ __LMB__ ___MJF _ 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 ABCMRs decision in Docket Number AR20050013649, on 2 March 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Purple Heart for a wound received on 10 January 1969.
___ Lester Echols______
CHAIRPERSON
INDEX
CASE ID
AR20060009882
SUFFIX
RECON
DATE BOARDED
20070329
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . .
DISCHARGE REASON
BOARD DECISION
Grant
REVIEW AUTHORITY
ISSUES 1.
107
2.
3.
4.
5.
6.
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