APPLICANT REQUESTS:  That his DD Form 214, Report of Separation, be corrected to reflect that he was awarded the Purple Heart for wounds sustained in Vietnam.

APPLICANT STATES:  That while in a night defensive position on 16 June 1968 his unit was about to be overrun by the enemy.  Friendly artillery fire was called in on their own position and he was wounded.

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

He was inducted on 17 October 1967.  After completing 10 months of service, he reenlisted while serving in Vietnam.  He ultimately served 11 months and 27 days there as a light weapons infantryman.  He was honorably discharged upon completion of his term of service on 10 September 1971.

His awards include the Army Commendation Medal with “V” device and oak leaf cluster, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge and the Expert Badge with rifle bar.

His records do not reflect that he was treated for any wounds while serving in Vietnam.

The VA during a rating decision examination concerning his claim that he had shrapnel wounds to the right shoulder and abdomen notes that his service medical records including his separation examination are negative for wounds.  The history of the scars was related by the applicant himself.  The VA determined that scars did exist and accepted the applicant’s explanation as to how they occurred.

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.  Individuals wounded or killed as a result of “friendly fire” may be awarded the Purple Heart as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

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 conclusive evidence that the applicant suffered any wounds or injuries during his service that would qualify him for award of the Purple Heart.

2.  The findings by the VA concerning the cause of the scars on his right shoulder were made considerably after-the-fact and were based solely upon the applicant’s own statement.  Unfortunately, this does not provide the independent confirmation necessary to justify award of the Purple Heart.

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