APPLICANT REQUESTS:  That his DD Form 214, Report of Separation, be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES:  That the Purple Heart was awarded to him for wounds suffered in Vietnam.  In support of his request, he provides a copy of a Purple Heart Certificate dated 12 May 1969 identifying him as the recipient.  He also requests that the name of the unit on the certificate be corrected.

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

He enlisted for 3 years on 23 October 1966 and served 2 years, 3 months and 11 days in Vietnam.  On 6 July 1969 he was honorably released from active duty and transferred to the USAR to complete his military service obligation.

Despite the Purple Heart Certificate included with his application, there is no other evidence in the available records to substantiate that he was wounded or injured as a result of hostile action or otherwise entitled to the Purple Heart.  The enlisted qualification record contains no entries for wounds received, nor does the record of assignments section indicate he was hospitalized during his service, and the awards and decorations section does not show the Purple Heart as an authorized award.

On 25 September 1996 the applicant was requested to furnish the original Purple Heart Certificate or a certified copy thereof; however, he has not responded to the request.

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, there is no evidence that the applicant was wounded or injured as the result of enemy action.  Additionally, in the absence of substantiating evidence elsewhere in the record that he was awarded a Purple Heart, the Purple Heart Certificate by-itself does not provide the compelling evidence necessary to grant the relief requested.

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