APPLICANT REQUESTS:  That he be awarded the Purple Heart for injuries received in Vietnam.

APPLICANT STATES:  That on 10 January 1968 he was wounded by enemy mortar fire that caused cuts to both of his feet.

COUNSEL CONTENDS:  That the applicant meets the necessary requirements for award of the Purple Heart and requests that all reasonable doubt be resolved in his favor.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army for 3 years on 19 May 1966 and after training as an engineer equipment repairman served a 1-year tour in Vietnam.  He was honorably discharged at the expiration of his term of service on 16 May 1969 in pay grade E-5.

The applicant’s enlisted qualification record contains no entries in the section entitled “Wounds”.  His medical records show, however, that on 10 January 1968 he was treated for a “cut on the bottom of the right foot”.  The record does not indicate the cause of the cut.  On 28 February 1968 the record reflects that he was treated for a cut on the left foot.  Again, the entry does not reflect the cause of the cut.  Both entries merely go on to describe the treatment and dressings applied.

The VA found on 27 August 1990 that the applicant suffered from service connected laceration injuries to both feet.  The history of how these injuries occurred (as the result of a mortar attack) was related by the applicant.

Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the 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 a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  While the evidence of record shows that the applicant sustained an injury while in Vietnam, it does not show that the injury was the result of hostile enemy action.

2.  Based on the available personnel and medical records, there is no evidence that he suffered a combat related injury that would qualify him for award of the Purple Heart.

3.  The finding by the VA concerning the causative reason for the lacerations to his feet was made considerably after-the-fact and was based solely upon the statement of the applicant.  It, therefore, does not provide the independent confirmation necessary to justify award of the Purple Heart.

4.  In view of the foregoing, there appears to be no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director