IN THE CASE OF:
BOARD DATE: 21 August 2014
DOCKET NUMBER: AR20140000609
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 previous request for award of the Purple Heart.
2. The applicant states he was injured by hostile military actions at Fire Base Pope, Republic of Vietnam (RVN) on 17 September 1968 while providing instructions to the radio/telephone operator (RTO). His battalion suffered many casualties in that battle and it was so chaotic that completing paperwork was the last thing on their minds. Further, his injury was omitted in error from the narrative of his Silver Star.
3. The applicant provides a witness statement from his platoon sergeant.
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 AR20120017754, on 25 April 2013.
2. The applicant provides as new evidence a witness statement which was not previously reviewed by the ABCMR and warrants consideration by the Board.
3. He was inducted into the Army of the United States on 26 May 1966. He held military occupational specialty (MOS) 11F (Infantry Operations and Intelligence
Specialist) and served in the RVN from on or about 1 March 1968 to on or about 25 November 1968 as an Infantry Unit Commander.
4. His records show he was awarded the Silver Star for gallantry in action while engaged in military operations against an armed hostile force in the Republic of Vietnam for the period 16 -17 September 1968. There is no specific reference to the applicant being wounded. His medical records are not available for review.
5. On 29 March 1969, he was honorably released from active duty after completing 2 years, 10 months, and 4 days of net active service.
6. His military personnel file is void of documentation showing he was wounded or that he was awarded the Purple Heart.
7. In support of his previous application, he provides a witness statement which describes the events which led to the applicant's injury. The witness states that he was the applicant's platoon sergeant from 26 March 1968 until 27 November 1968 while assigned to the 1st Platoon, Company D, 3rd Battalion, 187th Airborne Infantry, 101st Airborne Division. The witness contends that he sustained shrapnel wounds and recalls that the applicant took his place the next night as the lead on an ambush mission. Around 2250 hours he received word from the applicant that several hundred Viet Cong soldiers were right on top of their platoon and moving toward the Fire Base. As the fighting continued the applicant sustained a wound to his back. Over the next week they assisted each other in redressing of their bandages. The witness further contends that the applicant was awarded the Silver Star and the Purple Heart by a general officer the day after the incident.
8. 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. The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. The applicant's service record is void of any evidence that shows he was wounded or injured as a result of combat. His service medical records are not available for review with this case.
3. The witness statement he provides details the incident that resulted in the applicant's injury; however, there is no conclusive evidence that the wound was caused by the enemy and there are no service medical records to show treatment.
4. Notwithstanding his contention and sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, and treatment for those wounds made a matter of record there is insufficient evidence upon which to base 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120017754, dated 25 April 2013.
_________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) AR20140000609
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ABCMR Record of Proceedings (cont) AR20140000609
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