APPLICANT REQUESTS: That he be awarded the Purple Heart for wounds received in Korea and Vietnam.
APPLICANT STATES: That he received a head injury in an explosion in South Korea in 1953 and was injured again in 1965 in Vietnam when he was hit by a bullet and shrapnel. He did not receive a Purple Heart for either of these injuries.
EVIDENCE OF RECORD: The applicant's military records show:
He initially enlisted in the Regular Army on 16 January 1952
and with the exception of 3 years in the USAR, retired from active duty on 30 April 1975 in pay grade E-5 after more than 23 years of service.
He served overseas tours in Korea from 31 July 1952 to 27 February 1954 and in Vietnam from 25 June 1965 to 14 June 1966 and 2 July 1969 to 30 June 1970.
The applicants medical records fail to show that he was wounded in action in 1953 or 1965. His DD Form 214, Report of Separation, (5 March 1954) for the period of service following his initial enlistment shows none in the block entitled wounds received as a result of action with enemy forces; nor is the Purple Heart listed in the block pertaining to decoration and awards authorized. In fact, none of the separation documents issued throughout his career reflect that he was ever wounded in action or awarded a Purple Heart.
His enlisted qualification record contains no annotations of wounds received or award of the Purple Heart. A search of retired organizational records by the US Army Reserve Personnel Center (ARPERCEN) of the unit he was assigned to in Korea also failed to reveal that he was hospitalized during his tour in Korea.
In an advisory opinion to this Board, the ARPERCEN recommends that the applicants request for the Purple Heart be denied (COPY ATTACHED).
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 regulations, and advisory opinion, it is concluded:
1. In the absence of documented evidence that the applicants injuries were the result of enemy action, he is not eligible for award of the Purple Heart.
2. 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 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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