APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to reflect that he was awarded the Purple Heart.
APPLICANT STATES: That he was wounded in Vietnam and should be entitled to the Purple Heart but it was never listed on his DD Form 214. He contends that the VA has awarded him 10 percent disability based on shrapnel wounds to his back.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on 18 November 1969. After spending 1 year and 5 days in Vietnam he was honorably discharged on 23 June 1971 in pay grade E-4. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Army Commendation Medal.
The record shows that he was treated for low back pain in September 1970. According to an entry in his medical records at that time, the patient fell 3 days ago down some steps. Low back strain is also the basis for a 10 percent disability rating established by the VA. Although the VA records show that the applicant contended his back injury resulted from falling in a hole while trying to avoid incoming shells, there is nothing in the records to substantiate that the injury was related to hostile action.
Army Regulation 600-8-22 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 regulation, it is concluded:
1. There is no evidence in the record that he suffered a wound or injury resulting from hostile action that would qualify him for award of the Purple Heart.
2. In order to justify correction of a 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.
3. 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
David R. Kinneer
Executive Secretary
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