APPLICANT REQUESTS:  That his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Purple Heart.

APPLICANT STATES:  That he was wounded in Tay Ninh Province, Vietnam in November 1968.  He assumed that he would receive the Purple Heart later, but approximately a year after his discharge he discovered that it had been omitted from his DD Form 214.

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

He was inducted on 12 July 1967 and after training as an infantryman served 10 months and 12 days in Vietnam as a member of the 1st Cavalry Division.  He was honorably discharged in pay grade E-5 on 5 July 1969.  His significant awards include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Bronze Star Medal, the Air Medal, and the Combat Infantryman Badge.

The applicant’s enlisted qualification record contains no entry under the section entitle “wounds” nor do his medical records reflect that he was treated for any combat related wounds while in Vietnam.  His separation physical examination dated 5 July 1969 contains no entries by him or the examining physician that he was wounded during his service.  The only annotation on the report is a statement by the applicant that he underwent a hernia operation at Fort Jackson, South Carolina in 1968.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a 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.  Based upon the available records, there is no evidence that he suffered any wounds or injuries during his service that would entitle him to the Purple Heart.

2.  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




						David R. Kinneer
						Executive Secretary