PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           22 March 2001                   
	DOCKET NUMBER:   AR2000046337

	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.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell 		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Silver Star and the Purple Heart.

3.  The applicant is requesting those awards; however, the documentation, to include supporting statements, were compiled by a former soldier who served with the applicant in Vietnam.  Those documents include:  

•	A 13 May 1999 letter to a Member of Congress (MC) from a retired Army major, who stated that he served as executive officer of Company C,            5th Battalion, 7th Cavalry, 1st Cavalry Division (Air Mobile) in Vietnam, when the company, on routine patrol, walked into the perimeter of a NVA bunker complex and was taken under intense automatic weapons fire.  The point man as well as a number of men in the point platoon were hit and were lying in the middle of the trail with no cover available.  The first sergeant made a frontal charge at the bunker and was hit by at least 20 rounds.  The applicant, who was in charge of the machine gun squad, maneuvered the machine gun crew into position to deliver suppressive fire on the bunker, and then ran across open ground, and with the enemy gunners still delivering fire all around him, grabbed the first sergeant and dragged him to safety.  He stated that when the action took place, the applicant had two weeks left in country, and about one week left in the company.  The applicant was recommended for the Silver Star by a number of his fellow soldiers; however, he (the executive officer) held up the recommendation until the company commander, who believed that no enlisted man should receive more than a Bronze Star, regardless of the magnitude of the bravery he performed, left on rest and recuperation.  The recommendation was forwarded, and he believed that the applicant had received the Silver Star for his heroic action that saved a number of lives that day; however, he later learned that the applicant never received award.  He also stated that he learned that the applicant never received the Purple Heart for being wounded.  He stated that the applicant was seen by the company medic and later at the rear aid station after the company was air lifted back to the base camp, and apparently neither recorded their treatment of the wound and no records were available.  He stated that he was a witness to both of those events, and enclosed documentation.  He also informed the MC that he had an x-ray of the applicant’s left shoulder with the fragment clearly visible.
•	On 1 September 1999, the former soldier who compiled this document, in a letter to the Chief of Staff of the 1st Cavalry Division, stated that he was the awards clerk at the time of the incident, and described the incident as related to him by seven or eight wounded men who were being medically evacuated. His description mirrors that of the company’s former executive officer; however, he expounded somewhat, saying that the first sergeant had been wounded 26 times and that the firing was so intense that most of the soldiers could not move without being hit.  He also stated that he thought that the applicant had received the Silver Star.
•	On 19 September 1999, the former first sergeant in a letter to the Chief of Staff of the 1st Cavalry Division, recounted the incident in which the applicant saved his life.  He stated that he (the former first sergeant) was severely wounded and pinned down by enemy fire.  He continued by saying that as the applicant moved forward to locate a position for his machine gun, he came under intense enemy fire.  He stated that notwithstanding the fire the applicant dashed forward and grabbed him by the feet and dragged him to the rear.  He shouted for the applicant to drop him or he would be killed.  The applicant replied, “No way top.  I’m getting you outa here.”  Disregarding his own safety, he rushed back to a small depression where there was cover.  The applicant then called for a medic and returned to his squad and delivered accurate suppressive fire on the enemy position.  He stated that the applicant’s actions saved his life and others of the company.  He stated that the company was able to overcome the enemy during that encounter.
•	In a 28 July 1999 E-mail message the applicant’s former platoon leader stated that the applicant was the lifeblood of the first sergeant that day.  He stated that he never knew who pulled the first sergeant from out of the frontal kill zone, but stated that the applicant was a man among men that day; and that while they were getting chewed up, the applicant rose above all of them and saved his first sergeant’s life.  He stated that he most assuredly deserves a grateful nation’s recognition of valor higher than the one he received.  He stated that few soldiers, if any, could tell you what it feels like to be caught in the kill zone of an ambush. 
•	In an undated document, the applicant provided his version of the firefight, giving essentially the same information as indicated above.  Commenting on the incident, he stated that he could see the vegetation being cut down by the bullets, and that the bullets came so close that he could feel them going under his arm.  He went on to say that he couldn’t leave the first sergeant just lying there, and although he had no cover and they (the NVA) seemed to know where he was, he jumped up, grabbed the first sergeant’s ankles and ran towards a termite mound.  He stated that it was probably 60 feet and he made it in record time.  He ended by saying that the first sergeant survived his wounds but lost the use of his left arm and had to leave the Army.  He stated that he received the Bronze Star. 
•	In a 14 May 2000 letter another former soldier, in support of the applicant’s request for a Purple Heart, stated that the applicant was wounded in August 1968 during a small fire fight.  He said that the applicant sustained a small fragment type wound to his left shoulder, the wound was treated, and they both thought nothing of the injury.  He stated that he remembered that he and the applicant were saying that it would be next to impossible to make a year without getting hit.  He stated that he [the former soldier] was seriously wounded, and he received his Purple Heart; and while the applicant’s wound was minor compared to his own, the applicant was wounded and deserves the Purple Heart.  
•	In a 14 April 2000 memorandum to the commander of the 1st Cavalry Division, the Chief of the Military Awards Branch at the Total Army Personnel Command (PERSCOM) stated that the recommendation for award of the Silver Star would be forwarded to the Army Decorations Board.  That official also stated that the casualty report records of Vietnam had been reviewed, and there was no record that the applicant had been wounded.  He also stated that witness statements alone were insufficient evidence for award of the Purple Heart.
•	In a 20 June 2000 letter to this Board, the individual who compiled the documentation stated that he enclosed new material and an eyewitness account of a soldier who was with the applicant when the applicant was wounded.  He also stated that he was enclosing a recent x-ray of the applicant’s shoulder, and a letter from the medic who remembered treating him (Those documents are not included with his letter).  He also stated that he included a letter from the applicant’s former executive officer (the above referenced 13 May 1999 letter).
•	In a 7 July 2000 letter to a MC the Chief of the Military Awards Branch stated that the recommendation for award of the Silver Star for the applicant had been disapproved, affirming that the previous award of the Bronze Star Medal for meritorious service was the appropriate award for his Vietnam service.  He also stated that if the applicant felt that the decision was unfair or unjust he had the right to appeal on behalf of his late brother.
•	In a 16 July 2000 response to that letter the individual who compiled the documentation pointed out the errors contained therein, stating that the applicant did indeed receive the Bronze Star for meritorious service; however, that recommendation was prepared prior to his act of heroism, and in effect had nothing to do with the April 1969 incident.  He also stated that the applicant was alive and well and did not have a brother, but the request was being submitted by the men who served with the applicant.  

4.  Orders published by Headquarters 1st Cavalry Division on 8 April 1969 shows that the applicant was awarded the Bronze Star Medal for meritorious service for the period May 1968 to May 1969.

5.  A copy of a 26 April 1972 document addressed to the applicant shows that he was informed that there was no record found to show that he was wounded in action or awarded the Purple Heart.

6.  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board’s consideration of his case on    2 October 1985 (AC85-03007) in which he requested award of the Purple Heart.

In an advisory opinion to the Board prior to the 2 October 1985 determination, the Chief of Military Awards Branch stated that the applicant’s report of medical examination (Standard Form 88) dated 17 May 1969, did state that he received a fragment wound in back of his left shoulder.  That officer stated that entry was derived from the separating soldier through interview, and other than that one notation there was no evidence that he was wounded as a result of hostile action. He stated that the absence of information regarding injuries confirmed the very minor nature of wounds or that wounds did not occur.  He went on to say that the requirements that a soldier’s wounds be treated by a medical officer and that a record of the treatment be made is based upon an underlying premise.  He stated that if a wound was not so severe as to require medical treatment and that a report be made of the treatment, then it was not severe enough to justify award of the Purple Heart.  He stated that it was conceivable that an injury occurred; however, the absence of his name as a casualty on the morning report and Army casualty reports, combined with the lack of entries in his medical records indicated that he was either not wounded or that his wound was so minor as to not require medical treatment.  

7.  On 17 June 1986 this agency informed the applicant that it would serve no useful purpose to submit his application for reconsideration [of his request for the Purple Heart], and that his application was denied after a thorough examination of all available records by the Board.  He was further informed that the Board would only reconsider his case upon submission of new evidence, such as statements by individuals with first-hand knowledge, which indicated that he was wounded as the result of hostile action and treated by a medical officer.  

8.  On 28 May 1982 the Army Reserve Personnel Center authorized that the applicant be issued, in addition to those awards indicated on his DD Form 214, the Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Qualification Badge with rifle and machine gun bars. 

9.  The applicant’s records show that he was awarded the Sharpshooter Qualification Badge for both the rifle and machine gun; that he served in four campaigns in Vietnam; and that the 5th Battalion, 7th Calvary was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for its actions while he was assigned to that unit.  The applicant’s records contain no evidence of any disciplinary action.  He was discharged in the rank of Sergeant.  

10.  In a recent undated letter to his former executive officer, the applicant stated that he enclosed two separate accounts of his being wounded, and of pulling the first sergeant back from the fire fight.  He stated that he also enclosed an x-ray that he had taken a while back showing the piece of shrapnel in his shoulder.  He stated that he had the x-ray taken because they thought he was having a heart attack.  He stated that he enclosed a letter from DA [this Board], and that due to the medic not recording his wound his application [for award of the Purple Heart] was not approved.  That information was used by the applicant’s former executive officer in requesting assistance from a MC.  The documents submitted by that former officer are referenced above.  

11.  The Silver Star is awarded to a person who is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force.  The required gallantry, while of a lesser degree that that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.  The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored.

12.  An example of an actual citation awarding the Silver Star to a soldier reads:  “For gallantry in action.  On the afternoon of … carrying an SCR 536 radio, crawled fifty years under severe enemy machine gun and rifle fire, to a point     200 years from a strongly entrenched enemy who had prevented further advance.  Despite machine gun and rifle bullets that hit as close as a foot to him, … directed artillery fire upon enemy positions for an hour, killing fifteen … and inflicting approximately thirty-five additional casualties.” 

13.  The Bronze Star Medal is awarded to any person who distinguished himself by heroic or meritorious achievement or service in connection with military operations against an armed enemy.  Awards may be made for acts of heroism which are of lesser degree that required for the award of the Silver Star. 
 
14.  An example of an actual citation awarding the Bronze Star for Valor to a soldier reads:  “For valorous conduct in action against the enemy.  On the night of … crept 100 years over flat, open terrain during a fire fight between his small patrol and a group of …, to a point 50 years from a partly disabled enemy tank.  Taking careful aim, he fired several rifle grenades at the tank, hitting and completely destroying it.  Then, when a great many enemy machine guns in the sector opened up, he led his men through bullet swept area to safety.”

15.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  An enemy-related injury which clearly justifies award of the Purple Heart is an injury caused by enemy bullet, shrapnel, or other projectile.  
 
CONCLUSIONS:

1.  The 2 October 1995 Board noted that there was no medical evidence, other than the report of medical examination dated 17 May 1969 just prior to his discharge, to show that he was wounded in action, and indicated that without conclusive medical records verifying that he was wounded as a result of enemy action and treated, the Purple Heart could not be awarded.  That Board also noted that the absence of information regarding injuries confirmed the very minor nature of wounds or that wounds did not occur.  The Chief of the Military Awards Branch, in his advisory opinion, also stated that “it was conceivable that an injury occurred …”  

2.  The applicant was informed by this agency that it would be no use to submit a request for reconsideration of his request for the Purple Heart.  The Board would only reconsider based upon submission of new evidence, such as statements by individuals with first-hand knowledge. 

3.  Two individuals, a retired Army major and a former soldier, both stated that the applicant had been wounded in action, the former soldier placing the date as sometime in August of 1968.  The applicant, another former soldier (the person who compiled the documentation), and the retired major all indicated that x-rays confirmed that a piece of shrapnel was still imbedded in the applicant’s shoulder; however, those x-rays were not submitted with the application. 

4.  It would appear that the applicant just prior to his discharge in noting that he had been wounded in action, gave no thought concerning the award of the Purple Heart, but simply replied to an inquiry from medical personnel.  It would seem that he considered the wound minor, not concerning himself with it at that time.  It was not until three years later that he made inquiry concerning the Purple Heart.      

5.  Although medical evidence showing that the applicant was wounded is not available, the preponderance of evidence suggests that the applicant was wounded in action in August 1968.  The Board in 1985 indicated that it was conceivable that the applicant had been injured.  This Board believes that he was wounded in action, and that he is entitled to award of the Purple Heart as an exception to policy.

6.  Evidently, the applicant has received no official recognition for his actions on   25 April 1969.  Whereas the Army Decorations Board disapproved the recommendation for award of the Silver Star, it apparently took no other action, other than to say that the award of the Bronze Star Medal for meritorious service was the appropriate award for his Vietnam service.  Nonetheless, the applicant’s actions on 25 April 1969 were indeed courageous and heroic.  His valorous conduct at the risk of his own life, and without thought for his own safety, undoubtedly saved the life of his first sergeant; and the pleas on his behalf for award of the Silver Star are compelling.  However, the Board believes that the applicant’s actions, while brave and daring, are more deserving for award of the Bronze Star Medal with “V” device than that of the Silver Star. 

7.  The applicant served his country faithfully and with honor.  He is entitled to award of the Good Conduct Medal, and that award should be reflected on his   DD Form 214.  

8.  The applicant’s DD Form 214 should reflect that he was awarded the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

9.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.  awarding the applicant the Purple Heart as a result of being wounded in action in August 1968;  

     b.  awarding the applicant the Bronze Star Medal with “V” device for his actions on 25 April 1969;

     c.  awarding the applicant the Army Good Conduct Medal for his service from 10 July 1967 through 18 May 1969; and

     d.  showing that the applicant was awarded the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___slp___  ___jpi___  ___rks__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000046337	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.  46	107.00	
2.		
3.		
4.		
5.		
6.