APPLICANT REQUESTS: That his record be corrected to show entitlement to the Purple Heart (PH).
APPLICANT STATES: That he received chest wounds, in August 1968, while serving in the Republic of Vietnam (RVN). He provided a copy of a statement in support of his claim, which will be incorporated into his Official Military Personnel File.
EVIDENCE OF RECORD: The applicant's military and medical records show:
On 3 April 1967, he enlisted in the Regular Army. He completed his required training and was awarded military occupational specialty 67N (Helicopter Mechanic). He was advanced to pay grade E-4 effective 19 March 1968.
During the period 5 October 1967-4 October 1968, he served in the RVN.
During the period in question, medical records show that he was treated on two occasions:
a. 11 June 1968, he complained of and was treated for neck pain which developed while he was water skiing the prior day, and
b. 4 September 1968, he complained of and was treated for being nervous because he had only 29 days until his rotation date.
On 1 November 1976, the Director, Personnel Services, Army Personnel Reserve Center, in response to an application for award of the PH, advised the applicant of the regulatory requirements for award of the PH and that there was no authority whereby he might receive the award.
On 2 April 1970, he was separated, in pay grade E-4, under Army Regulation 635-200, chapter 2, based on the expiration of his term of service. His Report of Separation indicates that he had 3 years of creditable service. He was entitled to award of the Air Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the RVN Campaign Medal, and the Aircraft Crewman Badge.
Army Regulation 600-8-22, Military Awards, indicates, in pertinent part, that the PH is awarded to any member of the Armed Forces who is wounded in action against any enemy of the United States. The wound must have required treatment by a medical officer and a record of that treatment must be in the official records.
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. The letter of support is very vague in detail and does not describe the wound or where he was wounded; however, it does specifically state that the applicant later received treatment at a field hospital. Upon review of his medical records, there is no indication of a wound.
3. There is no evidence of record which would satisfy the regulatory requirement for award of the PH.
4. In view of the foregoing, there is no basis for granting the applicantÂ’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
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