BOARD DATE: 29 June 2017 DOCKET NUMBER: AR20170009933 BOARD VOTE: ___x______ __x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 29 June 2017 DOCKET NUMBER: AR20170009933 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20120019545, dated 30 May 2013, and Docket Number AR20140000754, dated Docket Number 21 August 2014. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for wounds received as a result of hostile action in the Republic of Vietnam on 13 May 1969 * adding award of 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. BOARD DATE: 29 June 2017 DOCKET NUMBER: AR20170009933 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 correction of his records to show award of the Purple Heart. 2. The applicant states he was injured in Tam K?, Vietnam, on 13 May 1969. 3. The applicant provides two statements from his former unit medic and a statement from another unit member. 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 AR20120019545 on 30 May 2013 and Docket Number AR20140000754 on 21 August 2014. 2. The applicant provides two statements from his former unit medic and a statement from another unit member that were not previously fully and thoroughly reviewed. Therefore, they are considered new evidence that warrant consideration by the Board at this time. 3. The applicant was inducted into the Army of the United States on 30 April 1968. He held and served in military occupational specialty 11B (Light Weapons Infantryman). 4. His records show he served in the Republic of Vietnam from on or about 16 October 1968 to on or about 15 October 1969. He was assigned to Company C, 3d Battalion, 21st Infantry Regiment, Americal Division. 5. Headquarters, Americal Division, General Orders Number 3864, dated 21 May 1969, announced award of the Bronze Star Medal with "V" Device to the applicant for heroism in connection with ground operations against a hostile force on 18 March 1969 in the Republic of Vietnam. 6. Headquarters, Americal Division, General Orders Number 9382, dated 14 September 1969, announced award of the Bronze Star Medal with 1st Oak Leaf Cluster to the applicant for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period October 1968 to October 1969. 7. He was honorably released from active duty on 6 February 1970. His DD Form 214 (Armed Forces of the United States Report of Separation and Record of Service) shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Bronze Star Medal with 1st Oak Leaf Cluster * Bronze Star Medal * two overseas service bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) 8. In October 2012, he applied to this Board for correction of his DD Form 214 to show additional awards, including the Purple Heart (Docket Number  AR20120019545). a. The Board found insufficient evidence to show he was wounded as a result of hostile action, that his wound/injury required treatment by medical personnel, or that the treatment was made a matter official record. The Board denied the portion of his request that pertained to award of the Purple Heart. b. The Board found sufficient evidence to support correction of his DD Form 214 to show additional awards. As a result, he was issued a DD Form 215 (Correction to DD Form 214) to: (1) delete the following awards: * Vietnam Service Medal * Bronze Star Medal with 1st Oak Leaf Cluster * Bronze Star Medal (2) add the following awards: * Combat Infantryman Badge * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with four bronze service stars * Army Good Conduct Medal * Bronze Star Medal (2nd Award) with "V" Device 9. In December 2013, he requested reconsideration of his earlier request for award of the Purple Heart (Docket Number AR20140000754). On 21 August 2014, the Board found insufficient evidence to reverse the previous decision and denied his request. 10. There is no evidence in the applicant's military records indicating he was injured or wounded as a result of hostile action. Nothing in several typical sources shows he was wounded or injured as a result of hostile action. a. His medical records, which would have listed any injuries and treatment, are not available for review with this case. b. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury. c. 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 action. This was the proper notification procedure for injuries at the time. d. His name is not shown on The Adjutant General's Office Casualty Division Casualty Reference Name Listing, a list of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart. e. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, 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 the applicant. 11. He provided the following statements with his earlier application: a. An undated statement from J____ C. McC____, a former unit member and the unit medic, states he was not only an eye witness but also the combat medic who administered first aid to the applicant after he sustained shrapnel wounds to the head and body from a rocket-propelled grenade (RPG). As a member of the gun squad, the applicant was protecting him with his M-60 machine gun as he went into the kill zone several times to extract the wounded Soldiers who had gone down near the enemy's front lines. As the applicant moved closer to where he was tending to the wounded, an RPG round exploded near his position, causing several metal projectiles to strike the applicant. Without regard for his own safety, he continued to assault the enemy, allowing him to save several other Soldiers. Without the applicant's fire support, he would not have been able to get those men to safety and he probably would have lost his own life. It was not until he had performed medical procedures on other men that he noticed blood on the applicant. He applied an ointment and bandages to the applicant after removing the shrapnel and cleaned his wounds with hydrogen peroxide. The applicant's actions were brave and selfless. The applicant not only allowed other Soldiers to live, but also knocked out several enemy soldiers, which gave the rest of the friendly Soldiers a chance to retreat to a safer area so he could call for medical evacuation. He imagines similar errors were made elsewhere during the Vietnam War, but as a combat medic, he always felt responsible for his brothers in arms. It is only proper to award the applicant the Purple Heart. b. An undated statement from D____ L. H____ states he was contacted by the former unit combat medic, J____ C. McC____, to write a letter supporting the applicant's award of the Purple Heart. He and the applicant were M-60 machine gunners with Company C, 3d Battalion, 21st Infantry Regiment. They were in the 2d Platoon, with "Doc" McC____ as their medic. On 13 May 1969, they were dropped by helicopter into an area near Nui Yon Hill. It was a hot landing zone when they arrived, but it wasn't until their platoon was ordered to move toward the hill that they found out what they were really up against. Since there had been no forward observation, they had no idea they had been outnumbered 15 to 1. He, the applicant, and "Doc" were just behind the lead squad when they hit the enemy's front line. Several men were killed outright, but a few managed to retreat and form a makeshift perimeter. He and the applicant set up their machine guns and started returning fire toward the enemy forces. They also covered "Doc" as he ran into the kill zone to retrieve the wounded American Soldiers. As they drove back the superior enemy forces, they started receiving RPG rounds out in front of them. One of those rounds exploded near the applicant's position. Later that night, he observed "Doc" removing shrapnel from the applicant. "Doc" told the applicant to get ready to board the medical evacuation helicopter, but the applicant said he wasn't leaving them and refused to get on the helicopter which would take him to the security of a hospital. "Doc" treated and bandaged the applicant's wounds. The applicant passed up a free ticket out of that battle in order to remain with his men. The few survivors of that battle lived long lives because of the selfless decision the applicant made to stay and fight. c. A statement from the former unit combat medic, J____ C. McC____, to a Member of Congress, dated 13 August 2013, states the applicant was wounded during one of their company's major battles on 13 May 1969. An RPG landed near the applicant's position during the first day of a 3-day battle. They went in with 90 men and came out with 32. If it had not been for the applicant, there might not have been any remaining Soldiers. He was the unit combat medic, the first responder and an important part of the medical personnel in Vietnam. He treated the applicant's wounds at the time and for days after the battle so infection could not occur. The only thing missing was that their officer failed to follow though and submit a request for orders for award of the Purple Heart to the applicant. The criteria for the Purple Heart had been met: the applicant fought against a hostile force, the applicant was wounded by an enemy weapon (RPG), and the applicant was treated by medical personnel (a combat medic) for his wounds sustained in battle. It is a fact that 1 percent of the personnel who were in Vietnam actually did the fighting. The applicant was one of the Soldiers in that 1 percent. The fact that the applicant stayed to fight for the survival of his brother warriors, instead of being evacuated to the safe haven of a hospital is the only reason the applicant never received the Purple Heart. REFERENCES: 1. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, 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. 2. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment (not merely examination) by a medical officer, and the medical treatment must have been made a matter of official record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet shrapnel or other projectile created by enemy action * injury caused by enemy placed mine or trap * injury caused by enemy released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire and/or concussion injuries caused as a result of enemy generated explosions 3. Army Regulation 15-185 (Army Board for Correction of Military Records) 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 criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record. 2. In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 does not show he was wounded in action, his medical records are not available for review with this case, his service record is void of any official Army correspondence or a Western Union telegram to next of kin, and there is no conclusive evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds. 3. 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. The ABCMR will decide cases on the evidence of record; it is not an investigative body. 4. However, when the official records fail to corroborate an entitlement to this award, the Board may weigh eyewitness statements from those present at the scene and closest to the action (i.e., those who witnessed a member's injury and/or witnessed the cause of the injury as well as the treatment rendered). a. The combat medic who was involved in the very same battle provides a statement confirming not only the applicant's injury on 13 May 1969, but the source of the injury (enemy RPG) and the medical treatment rendered (applied an ointment and bandages to the applicant after removing the shrapnel and cleaned his wounds with hydrogen peroxide). b. This is further confirmed by a second eye witness who was also present at the same battle and fought shoulder-to-shoulder with the applicant. He affirms witnessing the applicant's injury by an enemy RPG and the treatment the applicant received from the unit medic. 5. The Board must determine if the eyewitness statements are sufficient evidence to demonstrate the applicant met the criteria for award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170009933 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170009933 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2