APPLICANT REQUESTS:  That his records be corrected to show his entitlement to award of the Purple Heart (PH), in order that he may obtain PH license plates in his home state.

APPLICANT STATES:  He claims to have been wounded in action (WIA) in September 1966.  He is in receipt of a 30 percent service-connected disability rating by the VA, however, those records are not available due to an action he is pursuing with that agency.

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

On 8 July 1964, the applicant enlisted in the Regular Army. He completed his required training and was awarded military occupational specialty (MOS) 730 (Finance Clerk).  His MOS was later changed to 11C (Infantry Indirect Fire Crewman).

On 22 September 1966, while serving in the RVN, he accepted NJP for carelessly discharging his weapon while on patrol on 15 September 1966. His punishment was a forfeiture.

On 23 December 1966, at his normal rotation, he was reassigned from the 21st Casualty Staging Flight to the Naval Hospital, Great Lakes, Illinois.  There is no conformation available as to the basis for this move.

On 20 January 1967, he was assigned to full duty, with a physical profile of 111111A, to Fort Carson, Colorado, in MOS 11B, which was an acceptable assignment for MOS 11C. 

On 17 July 1967, a physical examination cleared him for separation.  The examination noted that he had a GSW to the right arm and had been treated at the 36th Medical Evacuation Hospital, Vung Tau, RVN, however, the date is not shown.  There was no indication that the GSW was a result of hostile action.

On 27 September 1967, he was honorably separated, under Army Regulation 635-200, based on the expiration of his term of service.  The appropriate section of his DA Form 20 (Enlisted Qualification Record) makes no mention of any wounds incurred as a result of hostile action.  His Report of Separation indicates that he had 3 years of creditable service and 82 days of lost time.  He was authorized the National Defense Service Medal, the Vietnam Service Medal, the RVN Campaign Medal, and the Combat Infantryman Badge.
Army Regulation 600-8-22, Military Awards, indicates, in pertinent part, that the PH is awarded to soldiers who are wounded as a result of hostile action and are treated by a medical officer and that treatment is recorded in the 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.  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 the aforementioned requirement.

2.  While there is evidence the applicant received a GSW to the right arm, there is no evidence indicating this was the result of hostile action.

3.  The Board notes that during the period in question, the applicant accepted NJP for carelessly discharging his weapon while on patrol.  However, there is no indication that he was wounded.

4.  The VA may award compensation based on the fact that a condition or injury exists, however, they may not judge whether the warrants an award from the Army.

5.  In view of the foregoing, there is 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