IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100021838
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 request for award of the Purple Heart.
2. He believes there was inaccurate reporting of his wound via the morning reports. He acknowledges that in the original case, it was noted that his Standard Form (SF) 600 (Chronological Record of Medical Care), dated 22 September 1966, shows he was treated for a wound. He adds his name is omitted from the morning report for Headquarters and Headquarters Company (HHC), 1st Battalion, 5th Cavalry (1/5th Cavalry). He opines that the fact his SF 600 verifies his treatment for a foot wound, even though the morning report omitted his name, represents an omission [but] subsequent validation of the cause of his wound. He quoted Army Regulation 600-8-22 (Military Awards) pertaining to the award of the Purple Heart requiring medical treatment and offers that he was the company medic and attempted to treat himself.
3. He provides his self-authored statement and a copy of HHC, 1/5th Cavalry Morning Report, dated 22 September 1966.
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 AR20090015465, on 30 March 2010.
2. In his original self-authored statement, dated 9 September 2009, he stated:
In March [1966], I was assigned to B company, 1st Battalion 5th Calvary as a platoon combat medic
Immediately after being assigned to Bravo Company, we were air assaulted into an enemy held village in the Bong Song area and quickly overran the village killing numerous enemy combatants as well as civilians. I tried to treat as many civilians with medical aid as time allowed. I captured one enemy combatant and engaged him with physical restraint. I injured my foot/cut/bleeding during the confrontation and was sent back to the aid station for minor surgery.
3. Additionally, his SF 600 shows he was treated on 22 September 1966. The record stated "Left great toe red, tender under 'proud flesh' at lateral edge." Disposition: "Trimmed lateral part of nail and cleaned up wound."
4. He submitted as new evidence a copy of an HHC, 1/5th Cavalry Morning Report, dated 22 September 1966. His name does not appear on this report.
5. 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, and the medical treatment must have been made a matter of official record. Paragraph 2-8b(2) states that for the purpose of considering an award of the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy. The regulation states that the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.
DISCUSSION AND CONCLUSIONS:
1. The information contained on the applicant's SF 600 shows he was treated for a great toe condition in September 1966. He stated in his original statement that he had been injured in March 1966. He argues now, in effect, that the entry on the SF 600 validates treatment for his wound and that the omission from the company's morning report was an oversight. However, that argument and the SF 600 are not sufficient evidence to conclude that he is entitled to award of the Purple Heart. The available evidence does not substantiate that the September 1966 treatment was related to a March 1966 wound.
2. He has still failed to demonstrate he sustained a wound as a result of enemy action. Therefore, the overall merits of the case, including the HHC, 1/5th Cavalry Morning Report, are insufficient as a basis to reverse the ABCMR's previous decision.
3. 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 AR20090015465, dated 30 March 2010.
_______ _ ___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) AR20100021838
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100021838
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090015465
The applicant requests correction of his records to show award of the Presidential Unit Citation, Army Good Conduct Medal, Purple Heart, and the Air Service Medal. Item 41 (Awards and Decorations) on his DA Form 20 does not list the Presidential Unit Citation, Army Good Conduct Medal, Purple Heart, or the Air Service Medal as authorized awards. 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...
ARMY | BCMR | CY2004 | 2004100782C070208
The applicant provides a description of the battle at Landing Zone Colt on 10 October 1967; his Silver Star orders; the Silver Star orders of the medic who treated him on 10 October 1967 a statement from the medic; a statement from another fellow soldier during the action on 10 October 1967; his Purple Heart citation for wounds received in November 1966; and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The evidence of record shows the applicant had...
ARMY | BCMR | CY2013 | 20130015070
The 30 September 1985 DD Form 214 shows he was awarded the Purple Heart. [a previously considered] DA Form 4187 (Personnel Action), dated 29 November 1984, subject: Award of Purple Heart (1st Oak Leaf Cluster) with enclosures that shows: (1) in a DA Form 2823 (Sworn Statement), dated 29 November 1984, the applicant stated, in pertinent part, "[he] received a wound to the left hip that was inflicted by hostile enemy fire on 10 May 1968." Records show he was awarded the Purple Heart for...
ARMY | BCMR | CY2002 | 2002073882C070403
The five members of his squad who were evacuated received Purple Hearts. The applicant's service medical records do not show that he was treated for a shrapnel wound injury on 2 February 1966. It states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.
ARMY | BCMR | CY2010 | 20100009064
The applicant provides the following documents: * Statement from his former platoon leader * Statement from a former platoon member * Letter from the U.S. Army Joint Services Records Research Center * DA Form 1594 (Daily Staff Journal or Duty Officer's Log) for 2nd Battalion, 5th Cavalry * Vietnam Combat Certificate * DA Form 1 (Morning Report) * DA Form 305-4 (Unit Manning Roster) CONSIDERATION OF EVIDENCE: 1. His record is void of any orders that show he was awarded the Purple Heart; his...
ARMY | BCMR | CY2007 | 20070010616
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 December 2007 DOCKET NUMBER: AR20070010616 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 are no military medical records available for the Board to review with this application. Therefore, the Board requests that the CMSD-St. Louis administratively correct the DD Form 214 with a separation date of...
ARMY | BCMR | CY2014 | 20140005549
The applicant requests correction his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple...
ARMY | BCMR | CY2015 | 20150001009
The applicant requests award of the Purple Heart for injuries sustained in combat. The applicant's military records show he was inducted into the Army of the United States on 24 June 1965 and he held military occupational specialty 11B (light weapons infantryman). There is no evidence of record and the applicant did not provide sufficient evidence to show he sustained a wound/injury as a result of a punji stick, received treatment, and that treatment was made a matter of official record...
ARMY | BCMR | CY2005 | 20050007936C070206
The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 16 August 1970 through 15 August 1971. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or other documents that indicate he was ever wounded in action, or awarded the PH. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his entitlement to the Army Commendation Medal, Republic of Vietnam Gallantry...
ARMY | BCMR | CY2002 | 2002076729C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...