IN THE CASE OF:	  

		BOARD DATE:	   5 November 2013 

		DOCKET NUMBER:  AR20130004844 


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.  The applicant states he was unsuccessful in obtaining his medical records; they have either been lost or they no longer exist.  He located the wife of the Soldier shown in the photograph, Ron C____, but he has died from complications of Agent Orange.  Another witness to his being wounded, David B____ , provided a new notarized statement.  Other documents show that they were all in the unit and that the officer-in-charge had been killed.  The dates and times in the Daily Staff Journal corroborate the account of his being wounded.

3.  The applicant provides a notarized statement by David B____ and copies of:

* his own statement, dated 12 November 2008
* Army Board for Correction of Military Records (ABCMR) letter, dated 7 March 2012
* National Personnel Records Center letter, dated 19 February 2009
* Standard Form 180 (Request Pertaining to Military Records), dated 10 January 2008
* Department of Veterans Affairs (VA) letter dated 10 July 2008
* Americal Division Special Orders 305, dated 1 November 1969
* his DD Form 214 (Report of Transfer or Discharge)
* his DD Form 215 (Correction to DD Form 214)
* two pages of maps of part of Vietnam
* Vietnam Memorial data on First Lieutenant Lee, F. C____
* Daily Staff Journal or Duty Officer Log for 3 November 1969
* applicant's statement, dated 30 November 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 AR20110018121, on 6 March 2012.

2.  The applicant was voluntarily inducted in March 1969 and served as a light weapons infantryman in Vietnam with B Company, 1st Battalion, 52nd Infantry from 16 September to 11 October 1969 and then as senior scout/observer with E Company from 12 October 1969.  He enlisted in the Regular Army on 
29 December 1969 and was assigned to the 68th Aviation Company on 
22 February 1970.

3.  His 28 December 1969 DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

4.  The original ABCMR record of proceedings noted that there was no record of medical treatment for a wound sustained in action and that the applicant's name was not on the Vietnam Casualty List.  The applicant's supporting statements and photographs showing him with bandages were insufficient to overcome the lack of official supporting evidence.

5.  The applicant's statement dated 30 August 2011 states that shrapnel from a mortar round cut him in the right eyebrow and he bled profusely – he was instructed to go to the aid station and get checked out – a medic cleaned and bandaged the wound.

6.  In support of this request for reconsideration the applicant submitted:

	a.  his description of the problems he had obtaining additional information; he states the maps show the location of Landing Zone (LZ) Stinson and where he was wounded.  He then cites the Daily Staff Journal items:

* number 2 – notes that three enemy were observed 350 meters northwest of the bunker line – the area was to be swept at first light
* number 3 – radar detected three to five individuals south of LZ Stinson, – the area was to be swept at first light
* number 36 at 0927 (local time) movement was observed and engaged – two U.S. Soldiers being wounded – evacuated to the 91st Evacuation Hospital 

	b.  The notarized statement by David B____ relates, "…following this night attack Recon 1/52 198th was sent out to the perimeter of LZ Stinson to find the enemy soldier(s) and kill them.  We made contact at the bottom of the LZ a couple of kilometers out.  In the firefight that resulted Sgt. A____ was hit and…Dan C____ (the applicant) was hit…(they) received aid on LZ Stinson.  No paperwork was done because our lieutenant… had been killed a few weeks prior…Dan C____ deserves the Purple Heart or I would not write this letter."

7.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  Regrettably, nothing the applicant has presented overcomes the fact that the regulatory requirement that "the medical treatment must have been made a matter of official record" has not been met. 

2.  Furthermore, the applicant and his supporter David B____ claim that the applicant and the sergeant were treated at the aid station when they returned to LZ Stinson; however, the Daily Staff Journal item number 36 that the applicant also asserts proves the veracity of his claim indicates the two wounded Soldiers were evacuated to the 91st Evacuation Hospital.

3.  The applicant has not submitted either probative evidence or convincing argument in support of the 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR 20110018121, dated 6 March 2012.



      _____________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)                                         AR20130004844



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004844



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1