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Decision Text

ARMY | BCMR | CY1996 | 9605052C070209
Original file (9605052C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  That he be awarded the Purple Heart for injuries received in Vietnam and that the spelling of his first name be changed from Steven to Stephen on his DD Form 214, Report of Discharge.

APPLICANT STATES:  That he was wounded in Vietnam in March 1971 and did not receive the Purple Heart or an order for it.  Also, in support of his request to change the spelling of his first name, he provides a certified true copy of his birth certificate showing his first name spelled as “Stephen."

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army for 3 years on 9 October 1969 and after training as an aircraft repairman served 11 months and 6 days in Vietnam.  He was honorably discharged on 15 April 1972 as a private first class.

The applicant’s enlisted qualification record contains no entry in the section entitled “wounds."  His DD Form 214 does not reflect that he was awarded the Purple Heart.  There is also no indication elsewhere in the record that he suffered wounds attributable to enemy action that would qualify him for award of the Purple Heart.

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.  Based on the available records, there is no evidence that he suffered a combat related injury that would qualify him for award of the Purple Heart.

2.  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

3.  In view of the foregoing, there appears to be no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  Based upon the documentation submitted by the applicant concerning changing the spelling of his first name, the US Army Reserve Personnel Center will be requested to correct the spelling of his name to “Stephen” as he requests.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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