IN THE CASE OF:	  

		BOARD DATE:	26 April 2012

		DOCKET NUMBER:  AR20120007453


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, through his Member of Congress, reconsideration of his previously-denied request for award of the Purple Heart for wounds he received in the Republic of Vietnam on 8 May 1969.

2.  The applicant states:

* his unit’s medic was on rest and recuperation (R & R) leave when he was wounded
* he is not sure if the medic who treated him was temporarily transferred to his unit – it is possible he was from another unit
* he cannot locate the medical card on which his injury was documented, but it may have been turned in to another unit since the medic who treated him may have come from another unit
* his unit first sergeant (1SG) told him he would receive any awards he was due, including the Purple Heart, but he never received them
* he requested award of the Purple Heart some time after he was released from active duty, but his request was denied – instead, he was sent other unrelated medals some 15 years after his service
* he has spent a great deal of time and money attempting to piece together evidence that shows his entitlement to the Purple Heart
* he now asks for a thorough review of the evidence he has submitted and careful consideration of his request – he is only asking for that which he is entitled to


3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a photocopied photograph of a man in a standing position, with a bandage on his left arm above the elbow
* a third-party statement from Mr. Jxxx E. Sxxxxx, a former member of Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment, dated 11 January 1988
* a third-party statement from Mr. Axxx C. Gxxxxxx, a former member of Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment, dated  2 March 1988
* a letter from the applicant to the Chief, Military Awards Branch, U.S. Total Army Personnel Agency (later the U.S. Total Army Personnel Command), Alexandria, VA, dated 20 September 1988
* DA Forms 1594 (Daily Staff Journal or Duty Officer’s Log), page 2 of 2, dated 7 May 1969
* DA Form 1594, pages 1 and 2 of 2, dated 8 May 1969 
* a letter from Mr. Rxxxxxx V. Hxxxxx, the former commander of Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment, to the Honorable Txxx Rxxx, a Member of Congress, dated 13 August 1993
* a third-party statement from Mr. Txxx Bxxxxxx, a former member of Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment, dated 12 November 1993
* an undated third-party statement from Mr. Rxxxxx Fxxxxxxxx, a former member of Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment
* a third-party statement from Mr. Rxxxxxx V. Hxxxxx, dated 23 June 2000
* a hand-written note to the applicant from Mr. Rxxxxxx V. Hxxxxx, dated  23 June 2000
* a statement from the applicant, dated 22 March 2011, intended to clarify information contained within the previously-submitted third-party statements, 
* a letter from the Chief, Military Awards Branch, U.S. Total Army Personnel Command, Alexandria, VA, to the Honorable Sxxxxxxx Bxxxxxxx, a Member of Congress, dated 13 April 1989
* National Archives and Records Administration (NARA) Form 13018 (Reply to Inquiry (NCP)), dated 25 July 1989
* a letter from the Supervising National Service Officer, National Service Office, Disabled American Veterans, to the applicant, dated                     20 September 1989
* a letter from the Honorable Txxx Rxxx, a Member of Congress, to the Chief Legislative Liaison, Department of the Army, dated 16 August 1993
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, to the Honorable Sxxxxxxx Bxxxxxxx, dated 4 January 2000
* a letter from the NPRC, St. Louis, MO, to the Honorable Sxxxxxxx Bxxxxxxx, dated 11 April 2000
* a letter from the Honorable Sxxxxxxx Bxxxxxxx, to Ms. Txxx Bxxxxx Mxxx, the applicant’s daughter, dated 23 April 2000
* a letter from the NPRC, St. Louis, MO, to the Honorable Sxxxxxxx Bxxxxxxx, dated 11 August 2000
* a letter from the Chief, Military Awards Branch, U.S. Total Army Personnel Command, Alexandria, VA, to the Honorable Sxxxxxxx Bxxxxxxx, dated 10 October 2000
* a letter from the Honorable Sxxxxxxx Bxxxxxxx, to Ms. Txxx Bxxxxx Mxxx, dated 23 October 2000
* a letter from the NPRC, St. Louis, MO, to the applicant and his daughter, dated 5 March 2007
* a letter from Ms. Txxx Bxxxxx Mxxx, to the Honorable Cxxxx Gxxxxx, a Member of Congress, dated 21 March 2011
* a letter from the Honorable Cxxxx Gxxxxx, to the NPRC, dated 12 August 2011
* a letter from the NPRC, St. Louis, MO, to the Honorable Cxxxx Gxxxxx, dated 22 August 2011
* a letter from the Honorable Cxxxx Gxxxxx, to the Honorable John McHugh, the Secretary of the Army, dated 14 March 2012
* a Case Information and Privacy Act Release Form, signed by the applicant, dated 19 April 2011    

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 ABCMR in Docket Number AC89-10004 on 16 May 1990.

2.  The applicant provides 2 third-party statements from former unit members and fellow Vietnam veterans, and a letter and 2 statements of support from his former commander in Vietnam, which were not previously considered by the Board; therefore, this new evidence will now be considered by the Board.

3.  The applicant was inducted into the Army of the United States, for a 2-year term, on 15 November 1967.  He completed training and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).

4.  His record shows he served in the Republic of Vietnam from on or about        12 June 1968 through on or about 15 June 1969.  During his service in Vietnam he was assigned to Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment.

5.  On 16 June 1969, he underwent a separation physical, wherein he listed, in item 39 (Indentifying Body Marks, Scars, Tattoos) of his Standard Form             88 (Report of Medical Examination), a 4-centimeter scar on his right upper arm.  There are no further notes explaining the source or circumstances surrounding that scar.  

6.  On 16 June 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he was credited with the completion of 1 year, 7 months, and 2 days of total active service, including 1 year and 5 days of foreign service.  The highest rank/grade he attained during his period of service was corporal (CPL)/E-4.

7.  His DD Form 214 does not show he was awarded the Purple Heart.

8.  There is no documentation in his available service record indicating he was wounded in combat or was previously awarded the Purple Heart.  Likewise, his name is not listed on the Vietnam casualty roster.

9.  A review of the available medical documentation contained within his Military Personnel Records Jacket (MPRJ) did not reveal any information pertaining to the treatment of wounds or injuries sustained during his service in Vietnam.  

10.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.

11.  In a letter to the Honorable Sxxxxxxx Bxxxxxxx, dated 20 June 1988, the U.S. Army Reserve Personnel Center, St. Louis, Mo, stated that a review of the applicant’s records failed to show he was wounded as a result of enemy action and referred the matter to the U.S. Total Army Personnel Agency, Alexandria, VA for further consideration. 

12.  In a letter to the Honorable Sxxxxxxx Bxxxxxxx, dated 12 September 1988, the Chief, Military Awards Branch, U.S. Total Army Personnel Agency, Alexandria, VA, stated the following:

* the U.S. Total Army Personnel Agency had no reason to doubt the applicant’s statement that he was wounded
* there was no evidence of record that showed he was wounded in action, or that he received treatment for his wounds
* Army policy dictates that eyewitness statements may only be used to clarify the circumstances surrounding a record of medical treatment already documented in official Army records
* eyewitness statements rendered many years after the fact, based solely on recollections of an incident, may not be used to establish that a Soldier was injured, or that he received medical treatment for injuries received in combat

The Military Awards Branch concluded there was no administrative basis for awarding the applicant the Purple Heart.

13.  In a letter to the Honorable Sxxxxxxx Bxxxxxxx, dated 13 April 1989, the Chief, Military Awards Branch, U.S. Total Army Personnel Command, Alexandria, VA, stated that after a second review of the applicant’s case, they were still unable to locate an official record of any wounds that resulted from enemy action. That Command referred any further review of the applicant’s request to the ABCMR.

14.  In a letter to the applicant, dated 24 April 1989, the Chief, Military Awards Branch, U.S. Total Army Personnel Command, Alexandria, VA, stated that:

* after a second review of the applicant’s case, they were still unable to locate an official record of any wounds that resulted from enemy action
* although the photograph the applicant provided shows he suffered an injury to his left arm, the photograph does not constitute an official Army record of a wound caused by enemy action
* there was no mention of any wounds on his separation physical dated    16 June 1969
* his separation physical notes a scar on his right upper arm, but no cause of the injury was mentioned

That Command referred any further review of the applicant’s request to the ABCMR.

15.  On 16 May 1990, the ABCMR denied his initial request for award of the Purple Heart.

16.  On 21 May and 28 October 1992, the ABCMR denied his request for reconsideration, citing the lack of any new material evidence. 
17.  He provides:

   a. Two third-party statements from Mr. Txxx Bxxxxxx and Mr. Rxxxxx Fxxxxxxxx, both former members of Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment, who state the applicant was wounded in combat in Tay Ninh Province, Republic of Vietnam, on the evening of 8 May 1969.  Each states the applicant was treated at the aid station for a shrapnel wound to his left arm.

   b. A letter from Mr. Rxxxxxx V. Hxxxxx, the former commander of Howitzer Battery, 2nd Squadron, 11th Armored Cavalry Regiment, to the Honorable Txxx Rxxx, a Member of Congress, in which Mr. Hxxxxx requests the congressman’s assistance in obtaining the applicant’s Purple Heart.  In this letter, Mr. Hxxxxx states, “I cannot swear to the fact that Jxxx Bxxxxx was wounded in that attack.  To the best of my recollection, someone was wounded.  I find no reason to question the statement of Staff Sergeant (SSG) Axxx Gxxxxxx.  SSG Gxxxxxx was the immediate supervisor of CPL Bxxxxx.”  

   c. A third-party statement from Mr. Rxxxxxx V. Hxxxxx, dated 23 June 2000, wherein he recalls the events of 8 May 1969 and states that a member under his command was slightly wounded and immediately returned to duty.  He further states, “It is impossible for me to state unequivocally that the wounded Soldier was Jxxx Bxxxxx.  I do, however, firmly believe the he was wounded at this time.” He concludes by stating, “Several years ago (6 or 8), I attempted to help Jxxx receive the Purple Heart and was convinced of Jxxx’s sincerity and truth at that time.  I remain convinced that Jxxx was wounded and should be awarded the Purple Heart.”  

   d. A hand-written note to the applicant from Mr. Rxxxxxx V. Hxxxxx, dated  23 June 2000, wherein he states, “I do believe that you were the wounded trooper but that comes from our previous correspondence.”

18.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify 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 criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  His record is void of any official Army documentation that shows he was wounded, his wounds were the result of hostile action, were treated by medical personnel, or that such treatment was made part of the official record.  His name is not shown on the Vietnam casualty roster.

3.  He provides numerous third-party statements in support of his application; however, each statement is based on past recollections and is not supported by evidence of record.  His former commander, in letters to a Member of Congress and the applicant himself, repeatedly states he cannot be sure the applicant was wounded, despite his belief in the applicant’s sincerity.  While it appears he was injured while in the Republic of Vietnam, the evidence of record does not definitively answer the questions of origin and circumstances regarding his injury, or whether or not he received treatment and that treatment was made part of the official record. 

4.  In view of the foregoing, there is still an insufficient basis on which to grant award of the Purple Heart.

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 the overall merits of this case are 

insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AC89-10004 on 16 May 1990.




      __________XXX____________
                 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120007453



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