APPLICANT REQUESTS: That his records be corrected to reflect that he was awarded the Purple Heart and the Air Medal for service in Vietnam.
APPLICANT STATES: That he served over 40 combat missions in helicopters along the Cambodian border and should receive the Air Medal for this service. And, while serving with the 9th Division, he was injured during a mortar attack on his base camp which caused gasoline to explode burning him on the hand and arm.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 29 March 1966 and served 11 months and 26 days in Vietnam. He was honorably discharged upon completion of his term of service on 28 March 1968.
His awards include the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Army Commendation Medal, the Good Conduct Medal, the Combat Infantryman Badge, the Vietnam Gallantry Cross with palm Unit Citation Badge and the Sharpshooter Badge with rifle bar.
Neither the applicants enlisted qualification record or his Military Personnel Records Jacket contain any indication that he participated in aerial flights and was recommended for or awarded the Air Medal. His separation physical examination contains a notation by the physician that he had a discoloration of the skin of the right hand post-burn, but there is no elaboration to indicate when or how the wound might have been sustained.
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.
The same regulation provides that the Air Medal is awarded to any person who, while serving in any capacity in or with the US Army will have distinguished himself or herself by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of merit or heroism, or for meritorious service.
The Army awards policy provides, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized. The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.
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 record shows that the applicant suffered an injury (burn) during his service, there is no evidence to suggest that it was a combat related injury that would qualify him for award of the Purple Heart.
2. Likewise, there are no documents in the record to show that he participated in aerial flight missions during his service in Vietnam, nor are there any documents that show he was either recommended for or awarded an Air Medal.
3. 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.
4. In view of the foregoing, there appears to be no basis for granting the applicants 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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