IN THE CASE OF:
BOARD DATE: 23 July 2009
DOCKET NUMBER: AR20090004141
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 to correct his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam.
2. The applicant states that he served with Company A, 2nd Battalion, 35th Infantry Regiment in the Republic of Vietnam and he has a scar on his right thigh from a shrapnel wound that he received in the Republic of Vietnam.
3. The applicant provides, in support of his request for reconsideration, copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with DD Form 215 (Correction to DD Form 214); page 393 of the Tropic Lightning; a letter from a former Soldier of Company A, 2nd Battalion,
35th Infantry Regiment; Department of Veterans Affairs (VA) Rating Decision, dated 19 September 2008; and a copy of the original Board proceedings, dated 24 April 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 AR20080001849, dated 24 April 2008.
2. The letter from the former Soldier of Company A, 2nd Battalion, 35th Infantry Regiment, is new evidence that requires consideration by the Board.
3. In the original Board case, the applicant did not provide any documentary evidence to support his claim of being wounded in action. The Board determined that he had been assigned to Company A, 2nd Battalion, 35th Infantry Regiment, in the Republic of Vietnam. He underwent a separation medical examination in 1967 wherein no mention was made of any wounds or injuries sustained as the result of enemy action. The applicant's DA Form 20 (Enlisted Qualification Record) did not show any wounds or entitlement to the Purple Heart. The applicant's name was not listed on the Vietnam Casualty List. Based on the absence of substantiating evidence, the Board denied the applicant's request for award of the Purple Heart.
4. On 13 January 2009, a former Soldier of Company A, 2nd Battalion, 35th Infantry Regiment, wrote a letter to all concerned regarding the applicant. It states in the middle of May [1966] he was with the applicant on patrol in the jungles of Vietnam when they were ambushed by enemy forces. He witnessed the applicant's wounding in his right leg by a grenade fragment. The letter does not mention anything about medical treatment or evacuation to an aid station or hospital.
5. The VA rating decision provided by the applicant shows that he was awarded a 10 percent disability rating for a shrapnel scar to his right anterior thigh. A review of the applicant's service medical records by the VA failed to show a right leg injury. The disability was based on the applicant's award of the Combat Infantryman Badge and his claim of being treated in a field hospital for a fragment wound to his right thigh.
6. Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was wounded in action and should be awarded the Purple Heart.
2. The letter the applicant provided from a former Soldier states the applicant was wounded in the Republic of Vietnam, due to grenade fragment. However, there is no evidence available showing the applicant received medical treatment for this wound. Therefore, a statement that was written more than 30 years after the fact without corroborating evidence of medical treatment is not sufficient to award the Purple Heart.
3. In view of the above, the applicant's request for award of the Purple Heart should be denied.
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 AR20080001849, dated 24 April 2008.
_______ _ 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) AR20090004141
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090004141
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100023151
His service record does not contain any orders or other evidence showing he was awarded a second Purple Heart. The evidence of record shows he was wounded on 5 March 1969 and was awarded the Purple Heart for this wound. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal from item 24 of his DD Form 214; b. awarding him the Army Good Conduct Medal (1st Award) for the period 24 April 1968...
ARMY | BCMR | CY2008 | 20080001849
There is no evidence the applicant received the first award of the Good Conduct Medal. There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the first award of the Good Conduct Medal for the period 3 June 1964 through 2 June 1967; and b. amending his DD Form 214 to add the Good Conduct Medal, the...
ARMY | BCMR | CY2008 | 20080011917
However, there is no evidence of record which verifies his injuries were a result of hostile action in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the Purple Heart for wounds sustained in July 1969 and showing this award on his DD Form 214. ______________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2009 | 20090003999
The applicant requests award of the Purple Heart for wounds received in the Republic of Vietnam. Item 41 (Awards and Decorations) of this same form shows the same awards as listed on his DD Form 214. The medical evidence provided by the applicant is inconclusive in that it does not contain any evidence pertaining to the circumstances surrounding the applicant's reported shrapnel wounds.
ARMY | BCMR | CY2007 | 20070003291
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 November 2008 DOCKET NUMBER: AR20070003291 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. The applicant states he was wounded in the Republic of Vietnam and should be awarded the Purple Heart. There are no orders in the available records which show the applicant was awarded the Purple Heart.
ARMY | BCMR | CY2010 | 20100015592
The applicant's file contains no information that would have disqualified him for the Army Good Conduct Medal, therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his DD Form 214 to show this award. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that...
ARMY | BCMR | CY2008 | 20080018128
d. On 31 January 2007, a former Soldier of the applicant's unit wrote that when he had arrived in the unit, the applicant had been wounded earlier but was back with the unit as an APC driver. e. On 9 March 2007, the applicant's former company commander wrote a letter stating that the applicant was a driver of an APC. The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the...
ARMY | BCMR | CY2009 | 20090005750
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. Based on the criteria contained in Army Regulation 672-5-1 in effect at the time, the applicant is qualified for award of the Army Good Conduct Medal and his records should be corrected accordingly. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2014 | 20140014749
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 and the Presidential Unit Citation. He was wounded in Vietnam, but he did not receive a Purple Heart. His service record does not contain orders that show he was awarded the Purple Heart or medical documents that show he was wounded in action.
ARMY | BCMR | CY2014 | 20140015277
Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The applicant's DA Form 20 shows he was wounded by hostile fire, while serving in the Republic of Vietnam, on 7 July 1967, 15 April 1968, and 27 April 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge for action on 15...