IN THE CASE OF: BOARD DATE: 1 May 2020 DOCKET NUMBER: AR20190011300 APPLICANT REQUESTS: reconsideration of his earlier requests for award of the Purple Heart and Soldier's Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Self-authored Statement, Applicant, dated 10 June 2019 * memorandum, 97th Transportation Company (Heavy Boat), dated 26 July 1970, subject: Letter of Appreciation * memorandum, Transportation Battalion, Support Brigade, 2d Logistical Command, undated, subject: Letter of Appreciation * Outpatient Treatment Record Cover Sheet, dated 19 May 1987 * letter, Mr. C____, dated 29 May 2006, subject; Eye Witness Report on the Rescue of M____ * letter, Mr. E____, dated 21 February 2011 * letter, Retired Lieutenant Colonel K____, dated 5 December 2012 * Self-authored letter, Applicant, dated 20 January 2017 * letter, Army Review Boards Agency, dated 16 March 2018 FACTS: 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 AR20080015057 on 30 December 2008, in Docket Number AR20110005378 on 20 September 2011, and in Docket Number AR20120002812 on 21 August 2012. 2. The applicant provided new documentary evidence and new arguments that were not previously considered by the Board that warrant consideration at this time. 3. The applicant's records contain sufficient evidence to administratively correct his DD Form 214 without Board action. The applicant's DD Form 214 for the period ending 30 June 1988 will be administratively corrected to show award of: * four additional bronze service stars to his previously-issued Vietnam Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 4. The applicant states: a. He requested the assistance of both President Obama and President Trump for the awards of the Purple Heart and Soldier's Medal. b. He clarified an issue from an earlier case in relation his request for award of the Purple Heart. His earlier case indicated he sustained his injury during a mortar attack at Cam Rahn Bay from a Landing Craft Utility LCU. He was in the vicinity of the vessel and on the ground at the head of the pier, but the vessel was moored to the pier being loaded. c. His commander's Letter of Appreciation established he was serving as the Chief Engineer of both LCU 1548 and LCU 1535. 5. Having prior service in Regular and Reserve Components of the United States Navy, the applicant enlisted in the Regular Army on 16 August 1963. 6. On 15 August 1966, he was honorably discharged. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period shows he was awarded or authorized the following: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 7. On 16 August 1966, he reenlisted in the Regular Army. 8. On 12 June 1969, he was honorably discharged to accept a Reserve commission as a warrant officer. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows he was awarded or authorized the following: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 9. On 13 June 1969, he was appointed a warrant officer one in the U.S. Army Reserve. 10. He served in Vietnam from 30 July 1969 to 28 July 1970 and he participated in four campaigns. While in Vietnam, he was assigned to 97th Transportation Company (Heavy Boat). 11. He provided copies of: a. a memorandum from the 97th Transportation Company (Heavy Boat), dated 26 July 1970, subject: Letter of Appreciation, wherein his commander expressed his appreciation for his service aboard LCU 1548 and LCU 1535. The commander also referenced his award of the Bronze Star Medal. b. a memorandum from the Transportation Battalion Support Brigade, 2d Logistical Command, Okinawa, undated, subject: Letter of Appreciation, commending him for his assistance in the rescue of Staff Sergeant M____ in Naha Port on 19 March 1972. 12. His DA Form 20 (Enlisted Qualification Record) – shows in a. item 40 (Wounds) – no entries, and b. item 41 (Awards and Decorations) – he was awarded or authorized: * National Defense Service Medal * Army Good Conduct Medal 13. On 31 October 1981, he was retired. Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows he was awarded or authorized the following: * National Defense Service Medal * Vietnam Service Medal * Republic Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Commendation Medal * Army Good Conduct Medal * Meritorious Service Medal 14. On 30 June 1982, he was recalled to active duty service and he served an additional 6 years and 1 day. 15. He provided a copy of his out-patient treatment record cover sheet, dated 19 May 1987, that shows he underwent radical mastoidectomy for cholesteatoma of middle cap at Walter Reed Army Medical Center on 6 May 1987. 16. On 30 June 1988, he was honorably released from active duty and returned to the Retired Reserve List. Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period shows he was awarded or authorized the following: * Bronze Star Medal * Meritorious Service Medal with 1st Oak Leaf Cluster * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Armed Forces Reserve Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon with Numeral 3 * Republic of Vietnam Campaign Medal with Device (1960) 17. On 30 September 2004, he was issued a DD Form 215 (Correction to DD Form 214) amending his DD Form 214 for the period ending 30 June 1988 to show his award of the Korea Defense Service Medal. 18. He provided copies of: a. a self-authored statement, dated 29 March 2006, subject: Rescue of Staff Sergeant M____, wherein he provided a narrative and stated he was the duty officer aboard the U.S. Army Vessel LT-579 on 19 March 1972 at the Naha Port, Okinawa, Japan. He further stated he rescued Staff Sergeant M____ after an attempted suicide by drowning and he assisted another Soldier who was also attempting to rescue Staff Sergeant M____. He recommended the other Soldier for award of the Soldier's Medal and he did not know if he ever received the medal because he was sent on temporary duty out of Okinawa. The vessel master, now deceased, recommended him for award of the Soldier's Medal; however, what he received was a Letter of Appreciation. b. a self-authored letter from Sergeant C____, dated 26 May 2006, subject: Eye Witness Report on the Rescue of Staff Sergeant M____, wherein he stated he was assigned to Vessel LT-579 as the chief oiler on 19 March 1972. He further stated he saw the applicant soaking wet and pulling on a line and dragging Staff Sergeant M____ and another Soldier to the side of the vessel where they were brought on board. Several days after the incident, it was common knowledge that the Skipper had submitted recommendations of award of the Soldier's Medal for both the applicant and the other Soldier. 19. On 2 May 2007, he was issued a DD Form 215 which amended his DD Form 214 for the period ending 30 June 1988 to show his award of the Legion of Merit. 20. On 30 December 2008 and in ABCMR Docket Number AR20080015057, the ABCMR denied his request for an upgrade of his undated Letter of Appreciation to the Soldier's Medal. The Board found there was no evidence in the available records showing he was recommended for or awarded of the Soldier's Medal. 21. He provided a copy of a statement from E____, dated 21 February 2011, wherein he stated, he was with the applicant in the last months of his tour in Vietnam. They came under attack from Viet Cong sappers and were hit with rockets and mortars in the beach area where their boat was grounded. He could remember the applicant having trouble with his ears from a mortar attack at Camh Ranh or Pham Thiet (Vietnam). He recalled the applicant's ears were bleeding and he remembered him holding his ears from the pain and the captain of the boat putting drops in them. They did not have access to medical attention and sometimes it would be 1 or 2 weeks before they could get access to a field hospital. 22. On 20 September 2011 and in ABCMR Docket Number AR20110005378, the ABCMR denied his request for the award of the Purple Heart. The Board found no evidence that he had been wounded as a result of hostile action requiring treatment by medical personnel or that the resulting medical treatment was made a matter of the official record. 23. On 21 August 2012 and in ABCMR Docket Number AR20120002812, the ABCMR denied his reconsideration request for award of the Purple Heart. The Board found the evidence he provided did not show his ear problems were the result of hostile action in Vietnam and there was no evidence of record showing he was wounded as a result of hostile action in Vietnam. 24. He provided a letter from retired Lieutenant Colonel K____, dated 5 December 2012, wherein he attested to the applicant's honesty and integrity. He also requested the Board reconsider the applicant's request as an individual does not always have time to fill out the needed paperwork to get proper credit for any and all injuries sustained during a combat situation. 25. He provided copies of: a. a self-authored letter to the President, dated 20 January 2017, in which he stated: (1) He served two tours of duty in Vietnam between 1969 and 1971 as a Marine Engineer aboard LCU 1548 which performed supply runs from Cam Rahn Bay along the coastline from Quin Nhon to Phan Thiet. His unit was the 389th Transportation Detachment. (2) In April 1970 and while the vessel was being loaded in Cam Rahn Bay, the area came under enemy attack. A round hit nearby and knocked him off his feet. He lost hearing and blood was seeping out one of his ears. Partial hearing later returned. (3) His vessel had a critical mission and he decided to continue with the mission and report his injury when he returned. The trip took 10 days. When he returned his hearing had improved somewhat but his ear was still seeping blood. (4) He did not report his injury because he did not want his wife or parents to know he had been injured and his hearing had returned. He believed injuries had to be by gunfire or shrapnel, not concussion or compression. (5) In June 1987, his perforated ear drum was removed by mastoidectomy at Walter Reed Army Medical Center. (6) The ABCMR denied is request for award of the Purple Heart and Soldier's Medal and personnel reviewed his case and determined his name was not listed on the Vietnam Casualty Roster. His name was not on the Vietnam Casualty Roster because his injury was not reported at the time. He questions how some government employee can deny the rightful award of his medals. In contrast to the Board's findings, the Department of Veterans Affairs rates his disability at 70 percent. He served a total of 30 years active duty. (7) Concussion injuries were not recognized for the Purple Heart award until after the Iraq War. (8) He has sought assistance from Congressmen and the former President and his requests to the ABCMR have been denied. (9) He desires to have the medals presented by an Army officer at the Disabled American Veterans chapter building in Newport News, VA. He desires to wear the medals at veteran functions such as parades, funerals, etc. 26. On 16 March 2018 and in response to the applicant's letter to the President, the applicant was advised to provide new supporting material for reconsideration by the ABCMR. 27. His name is not shown on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. 28. His records are void of orders showing he was awarded the Purple Heart or the Soldier's Medal. Additionally, his records are void of evidence he was injured as a result of enemy action. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. 2. In events involving TBI and other similar injuries, the applicant’s record must show that the brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart or the Soldier’s Medal and thus recommended denying the request. 3. Prior to closing the case, the Board did note the administrative notes below, and recommended the corrections be completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the corrections addressed in the Administrative Note(s) below, the Board found 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 decisions of the ABCMR set forth in Docket Numbers: * AR20080015057 on 30 December 2008 * AR20110005378 on 20 September 2011 * AR20120002812 on 21 August 2012 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214 for the period ending 30 June 1988: * four additional bronze service stars to his previously-issued Vietnam Service Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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 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 by a medical officer, and the medical treatment must have been made a matter of official record. b. The Soldier's Medal is awarded to any person of the Armed Forces of the United States or of a friendly foreign nation who, while serving in any capacity with the Army of the United States, including Reserve Component Soldiers not serving in a duty status, at the time of the heroic act, who distinguished himself or herself by heroism not involving actual conflict with an enemy. The minimum degree of heroism required is comparable to that of the Distinguished Flying Cross for heroism. The extraordinary act must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances. The heroism must have involved a clearly recognizable personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Awards will not be made solely on the basis of saving a life, assisting emergency personnel, or acting as a “good Samaritan”. The service member may be awarded for non-combat heroism in a combat zone or an area designated for imminent danger pay, hostile fire pay, or hazardous duty pay. c. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents and established standardized policy for preparing and distributing the DD Form 214. Instructions stated to enter decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service; check the Soldier's records for validity of awards; and do not abbreviate when listing the entries. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190011300 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1