APPLICANT REQUESTS: That he be awarded the Purple Heart for injuries received in Vietnam.
APPLICANT STATES: That on 10 January 1968 he was wounded by enemy mortar fire that caused cuts to both of his feet.
COUNSEL CONTENDS: That the applicant meets the necessary requirements for award of the Purple Heart and requests that all reasonable doubt be resolved in his favor.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 19 May 1966 and after training as an engineer equipment repairman served a 1-year tour in Vietnam. He was honorably discharged at the expiration of his term of service on 16 May 1969 in pay grade E-5.
The applicants enlisted qualification record contains no entries in the section entitled Wounds. His medical records show, however, that on 10 January 1968 he was treated for a cut on the bottom of the right foot. The record does not indicate the cause of the cut. On 28 February 1968 the record reflects that he was treated for a cut on the left foot. Again, the entry does not reflect the cause of the cut. Both entries merely go on to describe the treatment and dressings applied.
The VA found on 27 August 1990 that the applicant suffered from service connected laceration injuries to both feet. The history of how these injuries occurred (as the result of a mortar attack) was related by the applicant.
Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the 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 hostile enemy action.
2. Based on the 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. The finding by the VA concerning the causative reason for the lacerations to his feet was made considerably after-the-fact and was based solely upon the statement of the applicant. It, therefore, does not provide the independent confirmation necessary to justify award of the Purple Heart.
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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The applicant states: * he was injured on his hand and foot * he served in Vietnam for 11 months and 24 days * he and his unit were attacked by the enemy again on 5 May 1968 * he was honorably discharged at his expiration term of service * his injuries are recorded in his military medical records, but they are not on his DD Form 214 * he was released from active duty (REFRAD) 26 days after the last attack 3. The applicant's military records are not available to the Board. As a result, the...
ARMY | BCMR | CY2006 | 20060012006
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The applicant requests: * award of the Purple Heart for a combat wound in Vietnam in 1964 * award of the Purple Heart for a combat wound in Vietnam in 1969 * award of the Purple Heat for a punji stick combat injury in Vietnam * award of the Amphibious Landing Medal (i.e., the Arrowhead Device) 2. There are no medical records available. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart.
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The applicant further states treatment of his wounds should be in his military medical records. The applicant's complete military medical records are not available for review. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.
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The applicant's military service records contain an SF 88 (Report of Medical Examination), dated 16 November 1971, which was completed by the attending physician at the time of the applicants medical examination prior to his release from active duty. There is no evidence in the applicants military service records that shows he was wounded or treated for wounds as a result of hostile action; his DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41...
ARMY | BCMR | CY2012 | 20120021323
The applicant provides: a. An email, dated 23 January 2012, from a Verizon email user who states he was the unit medic at the time in question and that he treated the applicant for a small concussion at Vinh Kim after a mortar round knocked him off his feet in February 1969. c. A statement, dated 12 January 2012, from a radio telephone operator who served in the same unit at the time. Therefore, in the absence of additional documentation that conclusively shows he was wounded or injured as...
ARMY | BCMR | CY2009 | 20090002809
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records to show award of the Purple Heart. There also is no evidence in his service personnel records that shows that he was treated for wounds as a result of hostile action in Vietnam.
ARMY | BCMR | CY2007 | 20070012962
There are no general orders that show the applicant was awarded the Purple Heart; there is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds; and the applicant's name is not listed on the Vietnam Casualty Roster. The evidence of record shows that the applicant was awarded the Vietnam Service Medal. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the...