IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150006941 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, through his Member of Congress, reconsideration of his earlier request for award of the Purple Heart. 2. The applicant states, in effect, the Board previously denied his request for award of the Purple Heart. He now has evidence, in the form of witness statements, from individuals who witnessed his combat injury in Vietnam. He suffered a shrapnel injury to his eye on 14 February 1968. 3. The applicant provides: * Congressional correspondence * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) * Previous Army Board for Correction of Military Records (ABCMR) Record of Proceedings * Notarized statement from Mr. Dana Ra----o * Signed statement from Mr. Merlin Ma---l * Hand-written letter, dated 18 February 1968 * Self-authored timelines * Self-authored statement 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 AR2003089530 on 30 October 2003. 2. The applicant submitted two witness statements from individuals who state they served with him in Vietnam. These statements were not previously reviewed by the ABCMR; therefore, they are considered new evidence and although not received within 1 year of the original Board's decision, as an exception to policy, warrant consideration by the Board. 3. The applicant's records show he was inducted into the Army of the United States on 23 March 1967 and he held military occupational specialty 11B (Light Weapons Infantryman). 4. His records show he served in the Republic of Vietnam from on or about 3 September 1967 to 31 August 1968. He was assigned to Company C, 1st Battalion, 14th Infantry Regiment, 25th Infantry Division. 5. He was honorably released from active duty in the rank/grade of private first class/E-3 on 21 March 1969. His DD Form 214 as amended by his DD Form 215 show the following awards: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Combat Infantryman Badge * 1 Overseas Service Bar * Vietnam Service Medal with 4 bronze services stars * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 6. There is nothing in the following typical documents that show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: a. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury. An entry is required for a combat wound/injury and date of injury in item 40 of the DA Form 20. b. His name is not shown on the Vietnam casualty roster. This is a compilation of casualties during the Vietnam War and is used to verify eligibility for this award. c. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him. d. His records do not contain a Western Union Telegram informing his next of kin of an injury or wound or any Army Adjutant General correspondence regarding an injury. This was a typical way of notifying a next of kin of a Soldier's injury. 7. His available medical records, including his separation physical, do not show he suffered an injury as a result of hostile action. These include: a. Standard Forms 600 (Chronological Record of Medical Care) beginning on 20 June and ending on 21 November 1968. An entry dated 20 June 1968 shows he was seen at the 71st Evacuation Hospital for an eye injury; the word "shrapnel" with a question mark next to it appears on this form. Another entry dated 28 June reads ( "old fragment wound of right orbit (February); he alleges burning, swelling, and tearing from eyes" and "alleges he can see foreign body at times emerging from behind his eye." b. Standard Form 513 (Clinical Record-Consultation Sheet), dated 4 February 1969, prepared at Walson Army Hospital, Fort Dix, NJ, states "this 26-year old E-4 was seen by Medical processing and found to have shrapnel in the [right] eye since injury. Please evaluate." c. Standard Form 88 (Report of Medical Examination), dated 4 February 1969, which shows he underwent a separation physical at Fort Dix on this date. This form lists an entry that reads "found to have shrapnel, right eye," "found to have bunion left foot," and "scar right mandible." 8. The applicant submitted the following documents: a. A notarized statement, dated 2 March 2015, from Mr. Dana Ra----o who introduces himself and his relationship to the applicant. He states he was a radio operator with C Company, 1st Battalion, 14th Infantry, and served as such in the field. On 14 February 1968, they were enroute to a landing zone to allow Robert Pa-----e to go to the rear as he was on his way out of Vietnam. Mr. Pa---e stepped on a land mine, severely damaging his legs. The applicant and several others were injured. There were many others who were also injured as a result of this explosion. He (the author) was probably the one who called in the medical evacuation to extract the wounded from the area. The captain was busy trying to determine if there was an inevitable ambush. b. A signed statement, dated 28 March 2015, from Mr. Merlin Ma---l who states he was also in C Company and a friend of the applicant, Mr. Robert Pa----e, and Mr. James Wi----n. The applicant was on the machine gun crew in his platoon. Their fire team was on rear guard when the point element stepped on a land mine. They set up perimeter to secure the area for the medical evacuation. On 14 February at 1515 hours, Mr. Robert Pa---e died in the field. The applicant, Mr. Wi----n, Mr, Ow---s, and three others were wounded. It was at this time that he found out Mr. Pa--e had lost his legs and died and that 4 or 5 others were wounded. Later, Mr. Wi----n was killed and he had to go to the morgue in DaNang to identify the bodies. This was a traumatic experience and he later found out the applicant and Mr. Ow---s were wounded. He also sent a letter on 18 February 1968, informing his parents of his experience and trip to DaNang. c. Self-authored timelines of what occurred on 14 February 1968. It states at 1515 hours U.S. forces sustained 5 wounded in action and 1 killed in action. Dustoff was completed at 1655 hours. d. Self-authored statement wherein he states in February 1968, during the Tet offensive, their unit was receiving heavy fire. Their platoon was attempting to cross an open area between two forested villages when the point man stepped on a booby trap or had a mortar explode in front of him. The shrapnel injured several members, including him. He received treatment for the shrapnel in his eye around June 1968. The shrapnel went through his hat into his eye. He still has the hat today. 9. Army Regulation 600-8-22 (Military Awards) provides that 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: The evidence of record shows the applicant served in Vietnam from 3 September 1967 to 31 August 1968 and he was assigned to Company C, 1st Battalion, 14th Infantry Regiment. a. The criteria for an award of 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. The applicant's name is not shown on the Vietnam casualty roster; his DA Form 20 does not document any combat wounds; his record is void of orders that show he was awarded the Purple Heart; and there is no evidence in his service personnel records that show he was wounded or injured as a result of hostile action or treated for such wounds. c. His record is void of any documentary evidence that shows he was wounded in action, as a result of hostile action, or that he was treated for such wounds. However, his records contain medical documents that confirm he sustained an eye injury, albeit from an unknown source. None of the medical forms in his record mention the key words "hostile," "enemy," and/or "in action" to indicate the eye injury did in fact result from hostile action. d. Nevertheless, the applicant provides two statements from individuals who were present at the scene on 14 February 1968 and witnessed the explosion that resulted in a U.S. Soldier being killed in action and 5 others, including the applicant, wounded in action. Despite the absence of official documentary evidence corroborating the statements, they appear to be genuine. e. Any doubt should be resolved in the applicant's favor. As such, there appears to be sufficient evidence to show he was wounded in action in Vietnam on or around 14 February 1968 which would entitle him to award of the Purple Heart and correction of his records to show this award. BOARD VOTE: ____X___ ____X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR2003089530, dated 30 October 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Purple Heart for wounds received in action on 14 February 1968 in Vietnam and adding the Purple Heart to his DD Form 214. _______ _ _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) AR20150006941 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006941 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1