APPLICANT REQUESTS: That his DD Form 214, Report of Transfer or Discharge, be corrected to show that he was awarded the Purple Heart with 1st oak leaf cluster and the Bronze Star Medal with V device.
APPLICANT STATES: That he was wounded twice while in the service and proof of these wounds is contained in his service medical records on file with the VA. He contends that the errors he notes above were to be corrected by the Army but he discovered in 1992 that this had not been done.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 29 January 1969 for a period of 3 years. After training as a light weapons infantryman he was assigned to Vietnam as a member of the 1st Cavalry Division. While in Vietnam he was wounded in the abdomen area and was awarded the Purple Heart. He also was awarded the Bronze Star Medal. Following completion of his Vietnam tour he was reassigned to Fort Bragg, North Carolina where he completed the remainder of his enlistment.
He was honorably discharged in pay grade E-4 on 21 February 1972. His DD Form 214 shows his only awards as
the National Defense Service Medal and the Purple Heart.
The applicants record contains general orders published by the 1st Cavalry Division awarding him both the Purple Heart and the Bronze Star Medal for meritorious service. The medical records obtained from the VA contain no entry of a second wound which would entitle him to a 1st oak leaf cluster to his Purple Heart. Similarly, there is no evidence in his personnel records to suggest that he was recommended for or awarded a Bronze Star Medal with a V device for valor.
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. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion or agent. An oak leaf cluster is issued to denote award of second and succeeding awards.
The same regulation provides that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. The V device is worn to denote participation in acts of heroism involving conflict with an armed enemy and to distinguish it from awards made for meritorious service or achievement.
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. There is no evidence of record that he suffered a subsequent wound in Vietnam that would entitle him to the award of a 1st oak leaf cluster to his Purple Heart.
2. Likewise, the record does not contain and the applicant has not furnished any evidence that he was awarded a Bronze Star Medal with V device.
3. In view of the foregoing, there is 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
NOTE: Notwithstanding the foregoing determination, it appears that an error was made in the applicants DD Form 214 by not indicating that he had been awarded the Bronze Star Medal. Based on his honorable service in Vietnam he may be eligible for other awards as well. Accordingly, the Commander, US Army Reserve Personnel Center will be requested to issue DD Form 215 reflecting all the awards to which he is entitled.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
David R. Kinneer
Executive Secretary
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