IN THE CASE OF:
BOARD DATE: 4 September 2008
DOCKET NUMBER: AR20080004778
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 reconsideration of his earlier request for award of the Purple Heart.
2. The applicant states that he is quite sure he is not the only wounded Soldier whose name was not put on the Vietnam Casualty Roster. He provides letters he wrote to his brother during the time he was wounded and hopes the letters will result in a favorable decision.
3. The applicant provides copies of three envelopes and letters. The letters are dated 16 January, 28 January, and 15 March (year not listed but presumably 1969).
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 AR20070009066 on 14 November 2007.
2. The letters provided by the applicant are new evidence which will be considered by the Board.
3. The applicant arrived in Vietnam on or about 19 December 1968 and was assigned to Company A, 3d Battalion, 39th Infantry as an indirect infantry fire crewmember.
4. The applicant provided a letter, dated 16 January (1969), which he wrote to his brother. In the letter he wrote that he had just returned from a 2-day mission. On Sunday night, his company sighted about 150 to 200 Viet Cong but did not engage them. On Monday night, the enemy fired upon them. Three Soldiers were wounded. He did not mention that he was injured.
5. The applicant provided a letter, dated 28 January (1969), which he wrote to his brother. He wrote in part,
I have got to go back to the doctor tomorrow to get the stiches (sic) took out of my leg and a__ and see what else is wrong with me.
6. The applicant provided a letter, dated 15 March (1969), which he wrote to his brother. This letter mentioned that the Viet Cong mortared the area, but he did not mention that he was injured.
7. The applicant departed Vietnam on 8 August 1969.
8. On 20 March 1970, the applicant completed a separation physical examination. Item 70 (Physicians Summary and Elaboration of All Pertinent Data) of his Standard Form 88 (Report of Medical Examination) indicates the applicant received multiple shrapnel wounds to the right upper and lower leg and right face on 20 January (the date could be Jun but the entry more closely resembles Jan) 1969 while in Vietnam, with no hospitalization.
9. The applicants name is not listed on the Vietnam Casualty Roster. His service medical records are not available. Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) does not show he was wounded.
10. The applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Army Commendation Medal, the Air Medal, and the Combat Infantryman Badge.
11. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There is no direct evidence to show the applicant was wounded as a result of hostile action.
2. However, two pieces of evidence the applicants separation physical examination and his 28 January (1969) letter tend to corroborate each other by indicating that he was wounded in some manner and that he was treated for those wounds.
3. The applicant was awarded the Combat Infantryman Badge, indicating he actively participated in ground combat. Again, although there is no direct evidence, it would be reasonable to presume that the applicant was wounded as a result of hostile action. Any reasonable doubt should be resolved in his favor.
BOARD VOTE:
___xx___ __xx____ ___xx__ 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 AR20070009066 dated 14 November 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received on 20 January 1969 and by adding the Purple Heart to his DD Form 214.
_______xxxx___________
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) AR20080004778
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080004778
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090020160
The applicant states he should have been awarded the Purple Heart for a war wound (right arm) sustained on 22 February 1969 in Vietnam. There is no evidence of record which shows the applicant was wounded or injured 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 eyewitness statements provided by the applicant are not sufficient as a...
ARMY | BCMR | CY2014 | 20140004811
He provided the following documents: a. a personal letter, dated May 1986, in which he stated he was "put in" for a Purple Heart and he stated a piece of metal shrapnel hit him in the back. Unfortunately, his memory does not recall particular dates and details; however, he did, for a number days, clean and dress an infected wound to the applicant's lower back while they served in M Platoon, Company A performing combat duties. Army Regulation 600-8-22 (Military Awards) provides that the...
ARMY | BCMR | CY2010 | 20100008274
The applicant's records show he served in the Republic of Vietnam from 4 December 1967 to 6 April 1971. The applicant provided a copy of his Purple Heart Certificate, dated 1 July 1969, for wounds received on 25 April 1968. There are no medical records available and the applicant did not provide any evidence which show he was wounded or treated for wounds as a result of hostile action during his service in Vietnam.
ARMY | BCMR | CY2004 | 20040005880C070208
Therefore, he is entitled to correction of his military records to show this award. These awards are based on his participation in three campaigns during his Vietnam service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Good Conduct Medal for qualifying service from 11 August 1966 to 6 August 1968; b. amending his DD Form 214 with an effective date of 6 August 1968 to delete the Air Medal and adding...
ARMY | BCMR | CY2013 | 20130004078
The applicant further states treatment of his wounds should be in his military medical records. The applicant's complete military medical records are not available for review. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.
ARMY | BCMR | CY2010 | 20100011440
The applicant states he was wounded on 13 October 1969 while conducting combat operations in Vietnam. In order to establish the applicant's entitlement to the Purple Heart for a wound resulting from friendly fire, the evidence must show that the injury occurred in the heat of battle. ___________X___________ 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.
ARMY | BCMR | CY2001 | 2001061831C070421
APPLICANT REQUESTS: That his medical records be corrected to show he was wounded on 20 February 1969 as a result of hostile action. The witness statements he provides mention action on the night of 20 February 1969 and about midnight of 22/23 February 1969 but they do not substantiate what exactly caused his injuries on the morning of 20 February 1969. The Duty Officer Logs for the 2d Battalion, 22d Infantry for this period contained detailed information but do not mention Company D once.
ARMY | BCMR | CY2010 | 20100014964
The evidence of record shows the applicant received medical treatment on 11 February 1967 for a fragment wound to his right upper leg. f. Therefore, based on the available evidence, the applicant should be awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 27 January 1967. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Purple Heart for wounds received in...
ARMY | BCMR | CY2011 | 20110012577
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. Regrettably, there is no evidence in the applicant's record and he provided insufficient evidence to show he was wounded as a result of hostile action and was awarded the Purple Heart or that he meets the above criteria. Therefore, there is insufficient evidence in which to base correction of his DD Form 214 to show award of the Purple Heart.
ARMY | BCMR | CY2010 | 20100029389
Application for correction of military records (with supporting documents provided, if any). His service record does not contain any orders which show he was awarded the Purple Heart or medical documentation that shows he was wounded as a result of hostile action in Vietnam. The applicant's service record does not contain any orders awarding him the Purple Heart or evidence to show he was wounded as a result of hostile action during his tour of duty in Vietnam.