IN THE CASE OF:
BOARD DATE: 30 April 2009
DOCKET NUMBER: AR20090002474
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 an earlier appeal that his records show award of the Purple Heart.
2. The applicant states that:
a. he served a tour in Vietnam in 1967.
b. he was awarded the Purple Heart from a general at a field hospital after being shot in his left leg;
c. it took 3 days to get him out of the jungle and into a field hospital south of Saigon. His leg became infected and he spent over two weeks in a field hospital and then was returned to combat; and
d. the Army either lost the Purple Heart orders or the request for orders were never submitted. The Department of Veterans Affairs (DVA) has rejected his ceremony picture as proof of him being awarded the Purple Heart.
4. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with the period ending 21 October 1967; an undated statement from a former fellow Soldier; a photograph purportedly of himself receiving an award; a list with names of former fellow Soldiers assigned to his unit; an undated self-authored statement; and a letter from his United States Congressional Representative, dated 16 December 2008.
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 AR20070008973, on 6 November 2007.
2. The applicant's contentions are new arguments and the evidence provided is new evidence, which will be considered by the Board.
3. The applicant was inducted on 28 December 1965 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Light Weapons Infantryman).
4. The applicant arrived in Vietnam on or about 21 November 1966 with A Company, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade. He departed Vietnam on or about 19 October 1967.
5. On 21 October 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group.
6. The applicant's DD Form 214 with the period ending 21 October 1967 covers his service in Vietnam. Item 24Â (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons or Authorized) does not show award of the Purple Heart.
7. There are no general orders in the applicantÂ’s service personnel records that show he was awarded the Purple Heart. There also is no evidence in his service personnel records that shows that he was treated for wounds as a result of hostile action in Vietnam. The applicant's name is not listed on the Vietnam Casualty Roster.
8. There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.
9. The applicant provided a photograph of two individuals, one of which is a U.S. Army colonel, shaking hands in what appears to be an awards ceremony.
10. The applicant submitted an undated statement from a former fellow Soldier assigned to his unit. The author stated, in effect, that he can verify that the applicant was wounded in combat and spent 2 weeks in a field hospital near Saigon. The author stated that the applicant was awarded the Purple Heart for his injury from their commanding general while the applicant was in the field hospital.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in the available records and the applicant has not provided sufficient evidence that shows his injury was a result of hostile action.
2. It is acknowledged that the photograph the applicant provided purportedly shows him shaking hands with a commander at what appears to be a ceremony. However, while the witness statement submitted by the former fellow Soldier indicates that the applicant was wounded and treated for his wounds, it fails to mention that he was present at the time of the actual incident or that the injuries were caused by hostile fire.
3. Unfortunately, in the absence of military records which show the applicant was injured as a result of hostile action, there is an insufficient basis for award of the Purple Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X___ 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 AR20070008973, dated 6 November 2007.
_______ _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.
ABCMR Record of Proceedings (cont) AR20090002474
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090002474
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140016754
The applicant states: * his DD Form 214 should reflect award of the Purple Heart * he was hospitalized in Saigon, Vietnam, in October 1969 for injuries sustained from an incoming mortar explosion, leaving him with shrapnel in his right shoulder * he was asked to go with other Soldiers from the hospital to the home of the Ambassador to Vietnam * he was attached to the 196th Infantry Division (sic) at the time 3. His records contain multiple documents, to include Western Union telegrams,...
ARMY | BCMR | CY2010 | 20100009835
Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained as a result of hostile action. However, the evidence of record shows the applicant did not arrive in Vietnam until October 1966 and his service record does not include medical documents which show he was treated for wounds received as a result of hostile action. However, this document alone is insufficient as a basis to grant award of the Purple Heart in this case.
ARMY | BCMR | CY2007 | 20070008973
The applicant requests correction of his records to show award of the Purple Heart. Therefore, he is entitled to correction of his records to show these awards. Record shows the applicant was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2011 | 20110004887
Application for correction of military records (with supporting documents provided, if any). The former fellow Soldier stated: * a rocket penetrated the bunker in the applicant's sleeping area * the applicant was not seriously injured in the attack * he assessed the applicant's injuries and determined he didn't need medical care beyond his own medical treatment and bandaging * he failed to complete a Field Medical Card for the applicant's injuries * he provided a copy of his own DD Form 214...
ARMY | BCMR | CY2011 | 20110012641
He states: a. the letter [previous proceedings] from the Board stated his records were lost in a fire; therefore, it couldn't be determined that his name was placed on the direct casualty roster for the Vietnam War; b. the entry "Dir Cas" [direct casualty] is recorded on the DA Form 8-275-3 (Clinical Record Cover Sheet) he provided; c. he provided quotes from the Admitting Officer who is a renowned physician in the field of Nephrology [study of kidneys] in Newark, NJ; d. he cited an...
ARMY | BCMR | CY2009 | 20090001090
The applicant requests correction of his military records to show award of the Purple Heart and the Combat Infantryman Badge. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of the applicant's DD Form 214 for the ending period 30 October 1968 does not show award of the Purple Heart or the Combat Infantryman Badge. The author further stated that he visited the applicant in the hospital and the applicant showed him the helmet with...
ARMY | BCMR | CY2014 | 20140000688
As new evidence, the applicant provides: a. The evidence of record confirms the applicant was wounded/injured in action as a result of enemy action on 13 July 1967 and he was subsequently awarded the Purple Heart for this injury. However, notwithstanding his sincerity and the statement provided by LTC JFR, he has not provided conclusive evidence that shows he was wounded/injured as a result of enemy action on 25 December 1966.
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.
ARMY | BCMR | CY2009 | 20090004795
His DA Form 20 (Enlisted Personnel Record) shows service in Vietnam from 7 September 1967 through 15 May 1968, with assignment to: a. Therefore, the applicant's records should be corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from Item 24 of the applicant's DD Form 214 the Vietnam Service Medal with 2 bronze service stars; b. adding to Item 24 of the applicant's DD Form...
ARMY | BCMR | CY2006 | 20060014799
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2007 DOCKET NUMBER: AR20060014799 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. There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile action in Vietnam. In the absence of military records or other corroborating...