IN THE CASE OF: BOARD DATE: 2 June 2015 DOCKET NUMBER: AR20150004493 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 earlier application wherein he asked to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Purple Heart. 2. The applicant states, in effect: * on 24 February 1970, while serving in Vietnam, he was stabbed with a bayonet by the enemy * he has pictures of his wound and of having received the Purple Heart [he requests all pictures be returned once action has been taken on his application] * he had supporting documents, but they got wet while he was at Fort Lewis, WA and, after being given to a clerk, they were lost * he suffers from post-traumatic stress disorder (PTSD) but he is not asking for help with that * he served honorably and he feels he has been wronged; his valor has been stolen * he requests his records be corrected to show the Purple Heart he earned and for which he bled * he will not give up his efforts until this wrong is made right 3. The applicant provides * self-authored statement * Standard Form (SF) 601 (Immunization Record) * page 4 of his DA Form 20 (Enlisted Qualification Record) * DD Form 214 * letter, dated 3 April 2015, to the applicant from the Army Review Boards Agency * letter, dated 23 April 2015, to the applicant from the Department of Veterans Affairs (VA) with enclosure (Patient Inquiry) * letter, dated 1 December 2014, to the applicant from the VA * four appointment reminders from a VA Medical Center * 60 photographs that date from when the applicant was in Vietnam, of which four pictures show the applicant's uniform with a Purple Heart, five show a Purple Heart medal and box, four show the applicant's scar, and one shows the type of bayonet used when the enemy assaulted him 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 AR20110005612, on 27 September 2011. 2. The applicant submitted his initial application on 15 March 2011, which was denied. He provides new evidence. In view of this, his request warrants consideration by the Board. 3. The applicant was inducted into the Army of the United States on 18 November 1968. After completing initial training, he was awarded military occupational specialty (MOS) 55B (Ammunition Storage Specialist). His MOS was later changed to 94B (Cook). The highest rank/grade held was specialist four/E-4. 4. He served in Vietnam from 22 May 1969 to 28 June 1970. While in Vietnam he was first assigned to the 820th Ordnance Company. He was then reassigned to the 661st Ordnance Company. 5. He was honorably released from active duty on 28 June 1970. His DD Form 214, as amended by a DD Form 215 (Correction of DD Form 214), shows a total creditable active service of 1 year, 7 months, and 11 days. He was awarded or authorized the following: * National Defense Service Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 5. His DA Form 20 (Enlisted Qualification Record) shows the following: a. Item 40 (Wounds) is blank. d. Item 41 (Awards and Decorations) does not show the Purple Heart. 6. His name is not shown on the Vietnam casualty listing. This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart. 7. His personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in combat. This was the proper notification procedure for injuries at the time. Additionally, his records contain no general orders showing the award of a Purple Heart. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart. 9. The applicant provides a self-authored statement, which essentially states: a. He served in Vietnam with honor from May 1969 to June 1970. * while in Vietnam, he lived in "green hell" * he was trained at Redstone Arsenal in ammunitions storage, repair, distribution, and disposal * he was assigned to the 820th Ordnance Company on arrival in Vietnam * a few days later he was told he would be reassigned to the 661st Ordnance Company to perform security duties * his duties in the 661st consisted of perimeter guard, reconnaissance patrols, guarding ammunition convoys, and serving as a door-gunner * he did not know what to expect, but soon after his arrival he learned it was "kill or be killed" * they fought the Viet Cong and the North Vietnamese Army; both liked to attack ammunition dumps * his unit's headquarters was blown up several times and records were destroyed * a number of Vietnam Veterans are missing important documents because they were lost or destroyed when their headquarters were attacked * he has been suffering from PTSD as a result of his combat experiences in Vietnam; he is not asking for help with this * only those who have experienced what he did can really understand * he has a civilian psychiatrist assigned to him at the VA Hospital but he has no clue what the applicant has been through * the applicant is a life-member of both the Disabled American Veterans (DAV) and the Veterans of Foreign Wars (VFW); he would like to become a member of the National Purple Heart Hall of Honor but he requires the certificate as proof of his award * he has sent pictures of his wound; he was stabbed with a bayonet * when he was at Fort Leonard Wood [sic, Fort Lewis], his documents became wet; he left them with a clerk who said he would let them dry and then forward them for inclusion in his records * he never heard back from the clerk b. He continues: * the 661st Ordnance Company was sent north to be part of the Americal Division (23rd Infantry Division) and provide security for ammunition convoys * it is difficult to describe what occurred because it brings back bad memories of those who were lost; at the time he did not think he would see home again * he has a scar on his left breast, a flesh wound resulting from hand-to-hand combat with the enemy * the worst fighting came when his unit was sent north to Chu Lai (a seaport in Quang Nam Province of Vietnam) * he lost brothers (fellow Soldiers) there, and many lost limbs and were severely wounded * the night he was stabbed, he and a new private were to pull perimeter guard duty; around midnight they heard the enemy cutting the perimeter wire * when a flare lit the area he saw two dark figures; he began firing his weapon * his sergeant came out and asked what was going on; the applicant told him the enemy was attempting to breach the perimeter * he reloaded his weapon and took a moment to check his watch * the dial of the watch had a bright glow and, as he saw the time, a dark figure appeared in front of him; he tried to fire but his weapon jammed * he felt pressure and pain as the enemy's bayonet cut through the ammunition bandoleer and shirt pocket to his chest * he pushed back and yelled for help * a flare lit the night, he saw the enemy's face, and then heard a loud boom after which the enemy fell in a heap * his sergeant picked him up and got him to the medic * he was evacuated to receive medical care, was given tetanus and cholera shots, and the doctor told him he would leave the wound open to facilitate healing * this all happened on 24 February 1970 * on or about 11 April 1970, Captain (CPT) Txxx pinned the Purple Heart on the applicant; CPT Txxx hugged him afterward * he still suffers from his combat experiences in Vietnam but feels he earned the Purple Heart he received from CPT Txxx * he served honorably performing duties for which he received no formal training 10. The applicant provides an SF 601 showing he was administered three immunizations on 24 February 1970: * smallpox * tetanus * cholera 11. The applicant provides documents from the VA which affirm he has been diagnosed and is being treated for PTSD. His combined disability rating for three service-connected conditions (to include PTSD) is 40 percent. 12. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be placed in item 40. 13. 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 (emphasis added). DISCUSSION AND CONCLUSIONS: 1. The applicant states he was wounded as a result of hand-to-hand combat with the enemy and received treatment for his wound from medical personnel. Unfortunately, there is no documentation in his available records which independently validates this, nor do records show the treatment he states he received was made a matter of official record (i.e. was recorded in his medical records). Additionally: a. There are no orders showing the award of the Purple Heart and no entries showing wounds sustained on his DA Form 20. b. His name is not listed on the Vietnam casualty roster. c. The immunization record provided by the applicant does show he received a tetanus shot along with other immunizations, but contains no other information that could be used to confirm the treatment of wounds received in combat. d. The photographs he provides do not definitively show that he was wounded as a result of hostile action. 2. That which was endured by the applicant in the service of his country as well as his sincerity are not in question. It is the absence of verifiable documentary evidence which, regrettably, leads to the conclusion there is not enough evidence to support adding the award the Purple Heart on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 AR20110005612, on 27 September 2011. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices he made in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20150004493 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004493 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1