IN THE CASE OF:
BOARD DATE: 22 May 2008
DOCKET NUMBER: AR20080000677
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart.
2. The applicant states that he was wounded on 27 March 1968 when a rocket-propelled grenade (RPG) exploded next to him, causing his ears and nose to bleed and causing him to become momentarily blinded. His ears continued to bleed for the next few days. He was treated by a Vietnamese doctor at the water point.
3. The applicant provides his Bronze Star Medal with V device orders; a letter of support from a fellow Soldier, dated 6 November 2003; and a letter of support, dated 20 November 2003, from another fellow Soldier with that Soldiers Bronze Star Medal with V device orders.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame
provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted,
has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. After having had prior service in the U. S. Marine Corps Reserve, the applicant enlisted in the Regular Army on 30 December 1958.
3. On 22 February 1968, the applicant was assigned to Troop D, 7th Squadron, 1st Air Cavalry in Vietnam as a platoon sergeant.
4. The applicant was awarded the Bronze Star Medal with V device for heroism on 27 March 1968. The award citation reads in part, Although momentarily blinded by the flash of an enemy round exploding
.
5. The applicant provided a supporting statement from the individual who was the platoon radio operator at the time. This individual stated that an RPG struck their position, causing the applicant to lose his sight and hearing.
6. The applicant provided a supporting statement from a former platoon team leader at the time and that individuals Bronze Star Medal with V device orders. That individual stated that on the night in question a round from an RPG struck within feet of the applicant. The concussion knocked him off his feet and stunned him. He was unable to hear for a time, and the effects of the concussion stayed with the applicant for quite a period of time. This individuals award citation noted in part,
The platoon sergeant (i.e., the applicant) became momentarily disabled from an anti-tank round striking a few feet from him
.
7. The applicant departed Vietnam in March 1969.
8. The applicant retired on 31 October 1984 in the rank of Command Sergeant Major.
9. The applicants name is not listed on the Vietnam Casualty Roster. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he was wounded.
10. The applicants service medical records are not available.
11. Army Regulation 600-8-22 (Military Awards) provides that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a supporting statement from a former platoon team leader who stated the concussion from the exploding RPG knocked the applicant off his feet, stunned him and affected his hearing, and the effects of the concussion stayed with the applicant for quite a period of time. This statement, combined with the applicants contention that his ears and nose bled and his ears continued to bleed for the next few days, might be sufficient evidence to verify he received physical wounds.
2. However, although the applicant states he was treated by a Vietnamese doctor, there is no available evidence to confirm that those wounds were treated. His name is not on the Vietnam Casualty Roster, his DA Form 20 did not show he was wounded, and his service medical records are not available. Regrettably, without evidence to show that he was treated for those wounds there is insufficient evidence to verify that he met the criteria for award of the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ ___xx___ 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 for correction of the records of the individual concerned.
_ ______xxx ____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080000677
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080000677
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
CG | BCMR | Medals and Awards | 2005-031
DEPARTMENT OF HOMELAND SECURITY BOARD FOR CORRECTION OF MILITARY RECORDS Application for the Correction of the Coast Guard Record of: BCMR Docket No. On December 7, 1968, the Commander of Coast Guard Activities, Vietnam, recommended that the applicant receive a Bronze Star medal for his heroic service on March 1, 1968. of the Coast Guard Medals and Awards Manual provides that “only one award of a personal military decoration will be made for the same act achievement, or period of...
ARMY | BCMR | CY2012 | 20120002644
He provided a DA Form 2823, dated 2 October 2009, wherein a fellow Soldier stated that on 28 September 2009 he was on a mission with the applicant when they received SAF and RPG fire. The applicant's medical records and witness statement clearly show that he was injured as a result of a hostile enemy fire, wherein an RPG exploded near his position causing a contusive injury to his left ear. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2013 | 20130020946
The applicant requests correction of his military records by showing he was awarded the Purple Heart for wounds received in the Republic of Vietnam (RVN). The letter of support from a former member of the applicant's military unit in the RVN, dated 5 January 2010, states he was assigned with the applicant in the RVN. The applicant contends that his military records should be corrected by showing he was awarded the Purple Heart for wounds received in the RVN.
ARMY | BCMR | CY2010 | 20100022864
A self-authored statement, dated 21 October 2009, wherein he states he served as the platoon sergeant of the 1st Platoon, C Troop. d. An undated statement from another former member (tank gunner) of the applicant's platoon wherein he states on or around 20 August 1968, they were returning from a mine sweep mission to QTC when their tank hit a bomb that damaged the right front of the tank. Notwithstanding the applicant's sincerity and the sincerity of his former platoon members, in the...
ARMY | BCMR | CY2009 | 20090002864
There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the statements provided by the applicant are not sufficient as a basis for award of the Purple Heart. Even the applicant's former first sergeant only stated that the applicant...
ARMY | BCMR | CY2014 | 20140001284
There is no evidence of record and the applicant has not provided any evidence that shows he was entitled to the Purple Heart at any time during his active duty service. His record contains Headquarters, Americal Division, General Orders Number 14617, dated 9 November 1970, showing he was awarded the Bronze Star Medal with "V" Device for action on 8 September 1970 while at Landing Zone Stinson. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound...
ARMY | BCMR | CY2003 | 03099833C070212
On 25 April 2001 the Military Awards Branch of the Total Army Personnel Command (PERSCOM) informed a Member of Congress that the historical records of the 399th Infantry Regiment and the 100th Infantry Division for the World War II era failed to show award of the Purple Heart for Mr. C," a former comrade of the applicant, who was allegedly wounded in action by the same explosion that resulted in the applicant's wounds. Notwithstanding the contemporary medical report, there is no...
ARMY | BCMR | CY2013 | 20130021515
He and his sergeant were wounded when a shell exploded sending him and his sergeant back into the trenches. The applicant provides Congressional correspondence and the following previously-considered and/or available documents: * Self-authored summary of service highlights * Letters from fellow Soldiers * Certificate showing another Soldier was awarded the Purple Heart * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) * Honorable Discharge Certificate *...
ARMY | BCMR | CY2013 | 20130001035
On 14 August 2012, this Board also determined there was no evidence of record or independent evidence submitted by the applicant that would support a conclusion that the applicant's award recommendation was not properly processed. Commanders at the time of the act, or shortly thereafter, determined the applicant's actions were so noteworthy as to warrant award of the Army Commendation Medal with "V" Device. However, the Army Decorations Board determined the degree of action and service...
ARMY | BCMR | CY2013 | 20130011152
A self-authored statement, dated 9 September 2013, appealing this Board's decision to deny him a second award of the Purple Heart. The applicant's service record does not contain orders that awarded him a second award of the Purple Heart. The medical documentation provided by the applicant also shows he reinjured his knee in Afghanistan after he dismounted a truck.