SAMR-RB 9 August 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20160001754 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 1 August 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant partial relief. Therefore, under the authority of Title 1O, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by awarding the applicant the Purple Heart for wounds he incurred on 8 November 1967 and amending his DD Form 214 to show the Purple Heart (2"d Award). 3. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding the Bronze Star Medal with "V" Device. 4. Request necessary administrative action be taken to effect the correction of records as indicated no later than 8 December 2017. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160001754 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ _____x___ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160001754 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 AR20140006567 on 16 December 2014. ______________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. BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160001754 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart (2nd Award) and the Bronze Star Medal with "V" Device. 2. The applicant states he earned the Purple Heart when he was wounded on 8 November 1967 during the Battle of Ð?k Tô Hill 724 and the Bronze Star Medal with "V" Device for his actions on 7 and 8 November 1967. 3. The applicant provides all information previously submitted, as well as two additional statements. 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 AR20140006567 on 16 December 2014. 2. The applicant was inducted into the Army of the United States on 21 February 1967. 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 12 August 1967 to 11 August 1968. Item 38 (Record of Assignments) does not show an entry for patient status. Item 40 (Wounds) contains the entry "FGW R HAND 30 MAR 68." This indicates the applicant received a fragment wound to his right hand on 30 March 1968. Item 40 is void of an entry pertaining to wounds or injuries sustained on or about 7-8 November 1967. Item 41 (Awards and Decorations) lists the Purple Heart (30 March 1968). 4. Evidence shows he served in the Republic of Vietnam with: * Headquarters and Headquarters Company, 3d Battalion, 8th Infantry Regiment, 4th Infantry Division, from 21 August 1967 to 9 September 1967 * Company A, 3d Battalion, 8th Infantry Regiment, 4th Infantry Division, from 10 September 1967 to 22 April 1968 * Headquarters and Headquarters Company, 3d Battalion, 8th Infantry Regiment, 4th Infantry Division, from 23 April 1968 to on or about 10 August 1968 5. General Orders Number 2275 issued by Headquarters, 4th Infantry Division on 30 May 1968 awarded him the Purple Heart for a wound sustained in action on 30 March 1968. 6. Prior to his release from active duty (REFRAD), the applicant received a physical examination on 9 December 1968. The applicant nor a military physician documented any wounds or injuries he may have sustained during his military service. 7. On 17 January 1969, he was honorably REFRAD. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 8. The applicant's records contain Veterans Administration (VA) Form 07-3101 (VA Request for Information) dated 21 March 1969. The form was used during the process of filing his original disability claim with the VA. Item 17 (Alleged Disease or Injury) lists a wound to his right hand which was treated in March 1968 and stomach trouble which was treated in February 1969. 9. He provides a self-authored statement describing the events that happened on 7 and 8 November 1967 and a letter from his former platoon leader who also provided a summary of events for 7 through 9 November 1967. His former platoon leader stated the applicant was: * wounded by shrapnel on the right side of his face on 8 November 1967 * he was treated by the platoon medic who bandaged his right cheek * never placed on the morning report as being wounded in action * photographed by a television film crew while climbing down the back of a truck at Ð?k Tô with a bandage on his face 10. The applicant also provides: a. a DA Form 61 (Application for Appointment) wherein the applicant indicated he was awarded two Purple Hearts; b. two letters of commendation, dated 8 and 17 June 1968, recommending the applicant be considered for a direct commission which also claim he was wounded by shrapnel on or about 7-8 November 1967; c. an article from The Kearney County News dated 22 November 1967, which states he was awarded the Purple Heart for wounds received in combat in Vietnam; d. a letter from his spouse who states the applicant speaks often about being wounded on 8 November 1967 at the Battle of Ð?k Tô Hill 724. She further claims the records were destroyed in a battle; and e. a self-authored statement presumably from R____ W. B____, a former squad member, who claims records pertaining to the Battle of Ð?k Tô Hill 724 were destroyed in a mortar assault on or about 7-8 November 1967. He claims the applicant was wounded by shrapnel to his face when the applicant went to the landing zone to unload a helicopter which drew rocket and small arms fire. He further claims for their efforts at the Battle of Ð?k Tô Hill 724, the applicant and three others were recommended for the Bronze Star Medal and Purple Heart. The applicant was especially singled out for his courage and the heavy wound he received. A noncommissioned officer went to Ð?k Tô and when he returned he informed them that they were approved for their valor Bronze Star Medals and the applicant for his Purple Heart; however, the records were destroyed and they never received their decorations. 11. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart for wounds sustained on or about 8 November 1967. 12. His name is shown on the Vietnam casualty listing as being injured on 30 March 1968. This is a microfiche listing of Vietnam era casualties that is used to verify entitlement to the Purple Heart. He is not listed as being injured on any other date. 13. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders pertaining to the applicant for the Bronze Star Medal with "V" Device for actions on 7 and 8 November 1967 or the Purple Heart for wounds sustained in action on 8 November 1967. 14. The ABCMR considered the applicant’s request for the Purple Heart (2nd Award) and Bronze Star Medal on 16 December 2014. The Board determined at that time there was insufficient evidence to supporting correcting his record. The Board did recommend he seek administrative relief under the provisions of Title 10, U.S. Code, section 1130 through his Member of Congress. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional; provided for a medical officer to include a statement in the Servicemember's medical record that wounds would have required treatment by a medical officer, if one had been available. Additionally, treatment of the wound will be documented in the Servicemember's medical and/or health record. b. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 3. The written request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command (HRC), Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. 4. Army Regulation 15-185 (ABCMR), paragraph 2-5 states, "The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence." DISCUSSION: 1. The applicant's request for award of the Bronze Star Medal with "V" Device and entitlement to a second Purple Heart have been carefully reconsidered. The statements provided by the applicant, his spouse and former squad member lack independent corroborating evidence. 2. The governing Army regulation states for personal decorations, to include the Bronze Star Medal with "V" Device, a formal recommendation, approval through the chain of command and an announcement of orders are required. At this time, in the absence of orders and sufficient corroborating documents, there remains an insufficient evidentiary basis for favorable consideration of his request. A recommendation to deny relief in no way affects his right, as previously stated in ABCMR Docket Number AR20140006567, to pursue his claim for the Bronze Star Medal with "V" Device by submitting a request to HRC through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 3. With regard to the Purple Heart, the Purple Heart differs from all other decorations in that an individual is not "recommended" for this decoration; rather, the individual is entitled to it upon meeting specific criteria. Award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record. 4. The applicant's sincerity is not in question; however, at issue is whether the preponderance of the evidence, provided either by the applicant or available in his service records and viewed as a whole, offers sufficient proof he met each of the criteria for the award. It appears his request for award of the Purple Heart does not meet the criteria listed in Army Regulation 600-8-22 as the available documentary evidence does not show the injury to his face was treated and documented in his service treatment record by a medical officer. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001754 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001754 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2