IN THE CASE OF:
BOARD DATE: 14 October 2009
DOCKET NUMBER: AR20090009091
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 submitting new evidence in the form of the DA Form 1594 (Daily Staff Journal or Duty Officer's Log) from the Americal Division for the date of 27 May 1968. He states the journal confirms there was heavy automatic weapons fire and that seven individuals were wounded as a result of hostile action. He states that two of those seven were pilots and one of the pilots was him. He also submits a copy of his flight record showing he last flew on
27 May 1968 and did not fly again until 4 June 1968. He maintains, in effect, that these documents along with the eyewitness statement from his previous case confirm his entitlement to the Purple Heart.
3. The applicant provides an extract of a DA Form 1594 and a copy of his May/June 1968 flight record in support of his application.
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 AR20080001054, on
29 April 2008.
2. The DA Form 1594 the applicant submitted with his request for reconsideration constitutes new evidence not previously seen by the Board and as such warrants consideration. His flight record for the period May through June 1968 was in the applicants file when it was reviewed by the Board during its original deliberations.
3. The DA Form 1594 extract provided by the applicant in support of his request notes that at approximately 1717 hours the unit received heavy automatic weapon fire and that one aircraft lifted off with all troops and one aircraft was shot up and landed at another landing zone. Seven individuals (including two pilots) were reported as wounded as a result of hostile action and required evacuation. The journal contains the heading identifying the duty journal as from the Americal Division TOC (Tactical Operations Center) for 27 May 1968. The last entry in the journal notes that the Americal units continued combat operations in the zone with light scattered contact reported. It noted that initial ships on the landing zone received automatic weapon fire and lifted off the landing zone, resulting in 5 WHA(e), 2 WHA (m) (5 individuals wounded as a result of hostile action requiring evacuation and 2 wounded in action as a result of hostile action with minor injuries). It also noted that one ship received a hit and returned to a friendly location. No one is mentioned by name in the journal.
4. The applicants flight records which were contained in the available records previously seen by the Board indicated the applicant flew two missions on
27 May 1968 and then he did not fly again until 4 June 1968.
5. In the applicants original proceedings it was noted that his file contained a Disposition Form (DF) noting that on 4 June 1968 he was granted medical clearance to perform flight duty following aircraft accident. A further review of the applicants files indicate another DF, date 3 June 1968, recommended the applicant be removed from medical restriction/excusal from flight duty following
7 days duration of incapacity. His file contains similar notes that in March 1968 he was cleared to fly following aircraft accident and that in July 1968 he was recommended for removal of medical restriction from flight duty following 10 days duration of incapacity and again on 5 September 1968 following 2 days duration of incapacity.
6. A 4 June 1968 medical entry contained in the applicants file notes flight clearance. No injury; wants [unreadable] return to flying and reflects the same signature as on the 4 June 1968 DF.
7. The applicants separation physical examination, conducted on 27 January 1970, makes no reference to any wounds sustained as a result of hostile action and does not indicate any identifying body marks, scars, tattoos.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, the entries on the duty journal and the applicants flight record are not sufficient to overcome the fact that there is no medical evidence which confirms the applicant was treated for any wounds sustained as a result of hostile actions while in Vietnam. Evidence of such treatment is a key factor in the authority to award the Purple Heart. In the absence of such medical evidence there continues to be no basis for award of the Purple Heart.
2. It is noted that the single medical entry from that time period, dated 4 June 1968, specifically notes no injury.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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 AR20080001054, on 29 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) AR20090009091
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20090009091
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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