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ARMY | BCMR | CY1990-1993 | 9109840
Original file (9109840.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to show that he was awarded the Purple Heart and all of the other awards to which he is entitled.
APPLICANT STATES : In effect, that he was wounded in the abdomen in Vietnam and should have been awarded the Purple Heart. In support of his request, he has provided a page from his health record showing that he was injured while in Vietnam and a copy of his enlisted qualification record showing that he sustained a wound. He has also provided a copy of DA Form 1577, Authorization for Issuance of Awards, provided to him by the US Army Reserve Personnel Center in 1987 showing the awards issued to him.

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

He entered active duty on 18 September 1967 and served over 5 years in Vietnam. He was honorably discharged on 23 March 1973 in pay grade E-4.

His awards and decorations (as shown on DA Form 1577) include the Distinguished Flying Cross, the Bronze Star Medal, the Air Medal, the Army Commendation Medal, the Good Conduct Medal, the Meritorious Unit Emblem, the Valorous Unit Emblem, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Civil Action Honor Medal Unit Citation Badge, the Aircraft Crewmen Badge, the Sharpshooter Badge with rifle bar and the Marksman Badge with automatic rifle bar. There is no evidence that he was issued a DD Form 215, Correction of DD Form 214, reflecting all of the awards to which he is entitled.

The documentation from his health record relates to an abdominal injury and states that the “patient has two minute puncture marks on lower abdomen lower right quadrant. Very little bleeding (externally), does not know origin. Involved in helicopter accident.” There is no further explanation of the cause of his injury or the accident.

The applicant’s enlisted qualification record contains no indication that he was awarded the Purple Heart. There is, however, an entry in item 40 (wounds) of this record showing “puncture Wnds” but it has been lined out and the entry is undated.

On 11 March 1992 this Board denied his request for the Purple Heart that was based upon the same evidence submitted with his current application.

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. While the evidence of record shows that the applicant sustained an injury while in Vietnam, it does not show that the injury was the result of enemy action.

2. Moreover, based on available personnel and medical records, there is no evidence that he suffered a combat related injury that would qualify him for award of the Purple Heart.

3. There is nothing in the record to indicate that he was issued a DD Form 215, showing the awards to which he is entitled. Action needs to be taken to correct this oversight.

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.
NOTE : The US Army Review Board Agency, Support Division St. Louis, will be requested to issue to the applicant a DD Form 215 reflecting all of the awards to which he is currently entitled as shown on the DA Form 1577 contained in his record.

BOARD VOTE :

GRANT

GRANT FORMAL HEARING

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director

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