APPLICANT REQUESTS:  That his military records be corrected to reflect that he was awarded the Purple Heart.  In support of his request, he provides two statements from alleged former members of his unit in Vietnam.

APPLICANT STATES:  That he was not awarded the Purple Heart at the time of his injury.

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

He was inducted on 22 November 1965 and after training as a heavy vehicle driver served 11 months and 9 days in Vietnam.  He was honorably discharged on 31 August 1967 in pay grade E-4.

His DD Form 214, Report of Transfer or Discharge, shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal and the Expert Badge with rifle bar.  There is no entry to show that he was awarded the Purple Heart.

The applicant’s enlisted qualification record contains no entries under the section for wounds to show that he suffered any wounds during his service.  Likewise, there are no notations elsewhere in his records alluding to wounds received during his service.

The statements provided in support of his request are virtually identical statements indicating that he was wounded following a mortar attack on his unit during the summer of 1967.  These statements indicate that the concern at the time was for the seriously wounded and, therefore, the applicant did not receive treatment for his wounds.

Army Regulation 600-8-22, Military Awards, 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.  There is no documentary evidence in the available records to substantiate that he was wounded as the result of hostile action in Vietnam.

2.  The statements provided in support of his request are exact replicas except that they have been signed by two different affiants.  Each statement, however, provides exactly the same facts and circumstances (to include pertinent quotations) and gives the impression that they were centrally prepared and the affiants were asked to sign them.  It is significant to note that the statements appear to attest to information provided by the applicant, rather than providing the affiants’ independent declaration of the facts in the matter.

3.  Notwithstanding the statements, the evidence in this case is too unconvincing to support awarding 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