APPLICANT REQUESTS:  That his military record be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  That the Purple Heart was awarded for wounds suffered in Vietnam in 1970.  The medal was issued to him while he was a patient in Walter Reed Army Hospital.

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

He enlisted for 3 years on 9 February 1968 and immediately reenlisted for 6 more years on 10 November 1969.  He served 1 month and 21 days in Vietnam.  On 9 June 1972 he was separated for unsuitability and issued a General Discharge Certificate.

The applicant’s enlisted qualification record contains no entries for wounds received, nor does it show that he was awarded the Purple Heart.  The record of assignments section does show that he was evacuated to the States from Vietnam for medical treatment.  However, the available medical records indicate that he was treated for a serious back injury incurred while in Vietnam but does not describe that injury as resulting from enemy action.

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.  After examining all of the records, no evidence was found that the applicant was wounded or injured as the result of enemy action or was awarded the Purple Heart.

2.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  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