KIA Vietnam vet denied Purple Heart, need help

[miatabrg91]

Please google "CPL James D. Davis" on Facebook for several articles concerning a 46 year remembrance many members of his unit had for him. Four fellow brothers were kia'd and denied purple hearts under the friendly fire rule. The family thought the medal was missing all these years. I have no idea how to go about correcting this wrong for James, his family and his fellow soldiers families. Any help is greatly appreciated.

 

Thank You,

Creig Anderson

[Buck52]

Ms berta

The Army review boards of military records is who I been dealing with

They say I need records as evidence to what I am claiming, the only thing I want them to do is get the dates correct on my DD-214...I know when I left Vietnam  and  what my DD 214 Has on it is incorrect.

I don't have any records to prove other wise  other than the records I sent them showing where I extended my full year to go above what I already had served (which was 12 months...after the 12 months my regular tour was over   I extended in Vietnam extra months...My DD -214 don't show that.

and it don't show my Germany military service...and it should...I just don't have any records to send them to prove other wise.

I was looking in my C-FILE (CD Rom) which makes it so much easier to find things   anyway I run across a medical record where I went to the dispensary for Flu like Symptoms and was treated  in Germany...I may send  a copy that to them , it has my unit and battalion  on it I was with.

but they are very hard and stubborn to deal with  if you don't send them what they want  they tend to treat ya like a criminal.  problem is I don't have the records they are requesting  which is in service records in General...I either lost all those  or I never had them in the first place.

Most of us that were in Nam were just glad to get  home and we never thought about keeping records or travel orders & Itinerary's and such..I know I never thought about all that stuff at age 21

[Berta]

"Most of us that were in Nam were just glad to get  home and we never thought about keeping records or travel orders & Itinerary's and such..I know I never thought about all that stuff at age 21"

Buck , probably very few,if any Vietnam vets, ever dreamed what they might have to go through after service to prove their issues and even the right dates of their service.

And when their DEROS was due and they were extracted from Vietnam, how many realized that they should get try to contact info from the  buddies they had there. Many buddies might have died after they left the Nam, -but with a Wall Tracing they could prove a PTSD claim due to a unit buddy's death in service.

Wall tracings....the Wall People ( DC and at the Travelling Wall) need the exact name and hometown of the deceased veteran and a date of death as close as possible and then will give anyone the exact panel where the deceased vet's name appears and the tracing pencils and tracing form to use.

I say "anyone" but they would have to have been in same unit, time and place themselves and would certainly know the right Hometown, if they were buddys...

Edited April 7, 2017 by Berta

[allansc2005]

Buck, have you tried to find anyone that served with you to provide a Statement In Support Of Claim?

It worked for me when my records were lost showing I was on duty in Panama. Tracked down a guy who served with me, he provided the statement, and the VA accepted it.

 

I later found out that the company clerk in Panama had my and other unit 201 files in a jeep when he decided to stop off at a local "cat house", he got rat faced, passed out and woke up the next morning not only to find he was lying next to a walrus, but also found out some moron had broken into the jeep(not hard to do), and stole everything inside!

 

Allan

 

2-2-0 HUAH!

 

 

[miatabrg91]

Berta, I have recently learned that some members of his unit want to file a claim for Jim and 3 others kia from the same event. I don't want to step on their toes, just asking if this is possible ? Would a next of kin have any recourse if their claim is rejected?

As a claim must include supporting statements it would be easier for them to coordinate this. Would this group claim filing delay the process and would it be recommended? These are a great group of guys who only have the best interests of their fallen brothers and their families

at heart. Just wondered how the coordination between them and four families would work. Would any waivers be appropriate? I guess you would have a similar situation if two next of kin filed a claim.

 

Thanks,  Creig

[Berta]

The next of kin for any deceased veteran would have to file for the PH.

Have they already filed a DD 149?

It would be great if all who were in his Unit could get the PH as well, but I suggest they too use the DD 149.

They would each  have to fall into the PH criteria I posted a few replies ago in this topic.

You had also stated this:

". Four fellow brothers were kia'd and denied purple hearts under the friendly fire rule. "

If any of the vets you are trying to help cannot overcome the Friendly fire part in the regulation I also posted here , they will be denied.

Was anyone given any appeal riights when they denied the PH?

Can you scan and attach  the letter of denial here, for the KIA veteran??

Cover any identifying info (name, SS # etc) on it prior to scanning it.

"Would a next of kin have any recourse if their claim is rejected?"

This is not a claim, it is for the Gov (DOD) to correct errors on their DD 214s.

Those errors would include any medals they were eligible for but never put onto their DD 214s, and the DOD will issue a DD 215 and the medals, ribbons, etc except those made in a foreign country-like the Vietnamese medals incountry Vietnam Vets got.

I would think there would be an appeal process available but not sure.

Maybe you should contact the MOPH (Military Order of the Purple Heart) they have a Contact Us area at the bottom of their Home Page:

http://www.purpleheart.org/

 

 

Edited April 23, 2017 by Berta

[Berta]

one other thought---do any of his unit members have a PTSD rating from the VA that has anything to do with the friendly fire incident?

There are a few claims at the BVA due to friendly fire.

They run those claims through JSRRC ( Joint Service Records Research center.)

I found a PTSD award but JSRRC could not verify the friendly fire stressor. However the vet had so many other verifiable stressors they awarded him for PTSD.

I knew a vet who caused a friendly fire incident and two Marines were killed because of something he did , on his second tour in Vietnam.

He claimed he had a PTSD diagnosis but said claim had been denied.

I think there was more to his story however.or more to his actual discharge papers,which he always forgot to show me.I never saw his DD214 either.

Have you googled for proof of this incident these vets were involved in?

Google the incident - branch ,date and place, etc and then ,if nothing helps, click on News under the browser banner and something might pop up in an old newspaper archive.

A good rule of thumb----it pays to get as much documented info as possible on anything like this that you are helping vets with. Check out what they say

and ask to see their DD 214s, if you know them personally. They shouldn't hesitate to show it to you ,since you are trying to help them.

Actually a lot of this is up to the deceased vet's next of kin to do,regarding a PH if it was awardable to him. What have they done so far?

 

 

Edited April 23, 2017 by Berta